2005-256
ORDINANCE NO. 2005-256
An ordinance prohibiting the use of outdoor wood burning furnaces, with a penalty for
violations upon conviction the payment of a forfeiture of not less than $100 nor more
than $500 together with court costs and other relief.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS.
SECTION I. Chapter 8.26 of the Code of General Ordinances of the City of
J anesville is hereby created to read as follows.
OUTDOOR WOOD BURNING FURNACES PROHIBITED
Sections:
8.26.010
8.26.020
8.26.030
8.26.040
8.26.050
8.26.060
8.26.070
8.26.080
8.26.090
8.26.010
Intent and Purpose
Definition
State Law Empowerment and Incorporation - Conflicts
Prohibition of Outdoor Wood Burning Furnaces
Nonconforming Use.
Enforcement and Inspections
Severability
Effective Date
Violation - Penalty - Injunctive Relief
Intent and Purpose. The Common Council of the City of J anesville
hereby find that:
A. It is recognized and found that wood smoke is hazardous to an individual's
health and may affect the health of the general public when they are
involuntarily exposed to the presence of wood smoke.
B. Reliable scientific studies, including studies conducted by the
Environmental Protection Agency (EP A), have shown that breathing wood
smoke is a significant health hazard particularly to children, elderly
people, individuals with cardiovascular disease, and individuals with
impaired respiratory functions, including asthmatics and those with
obstructive airway disease.
C. This Chapter is adopted for the purpose of protecting the public health,
safety, comfort, and the general welfare of the people of the City of
Janesville; educating citizens affected by this ordinance; and assisting
property owners and managers in maintaining compliance.
8.26.020
8.26.030
A.
B.
C.
D.
E.
F.
Definition. Outdoor wood burning furnace: A furnace, or
similar device, designed and intended, and/or used, through the burning of
wood, for the purpose of heating the principal structure or another
accessory structure on the premises. These types of furnaces are
characterized by a short stack height. They are typically located out-of-
doors and are contained in free-standing structures, or enclosed within
another accessory structure, such as a garage or corral. This definition
includes outside wood burning water stoves.
State Law Empowerment and Incorporated - Conflicts.
This chapter is authorized by Wisconsin Law including, but not limited to,
Section 101.123(2) (c) of the Wisconsin State Statutes, as from time to'
time are amended or renumbered.
Section 101.123 of the Wisconsin State Statutes, as from time to time
amended or renumbered, is incorporated herein by reference and made a
part of this Chapter as if fully set forth verbatim.
Any action prohibited or required by state law so incorporated herein is
prohibited or required, as applicable, by this Chapter.
This Chapter is consistent with the intent and goals of the provisions set
forth in Section 101.123 of the Wisconsin State Statutes, as from time to
time amended or renumbered. This Chapter also acts as a local
supplement to the provisions of the state statutes.
In the event of any conflict between any word, term, definition, provision,
section, or requirement specifically set forth in this Chapter and those set
forth elsewhere in this Chapter, other ordinances, State Statute or State
Administrative Code, and/or the degree permitted by law, the more
restrictive shall govern.
In the event of any conflict between any word, term, definition, provision,
section or requirement specifically set forth in this Chapter and those set
forth in any state statute or state administrative code incorporated into and
made a part of this Chapter by reference, the more restrictive provision
shall take precedence and govern at all times, to the extent provided by
law. In no event, however, shall a prohibition against the use of wood
burning furnaces, or a requirement mandated by state statute or state law
be modified, waived, or amended by the application of this Chapter.
8.26.040
8.26.050
8.26.060
Prohibition of Outdoor Wood Burning Furnaces in the City of J anesville.
It shall be unlawful for any person to operate or use an outdoor wood
burning furnace in the City of J anesville.
Nonconforming Use.
A.
Continuation of Nonconforming Uses. The lawful use of any existing
"outdoor wood burning furnace" existing at the time of the effective date
of this Chapter may be continued, although such use does not conform to
the provisions of this law as hereinafter provided.
B.
Extension or enlargement. No non-conforming or pre-existing "outdoor
wood burning furnace" shall hereafter be extended, enlarged, or expanded.
C.
Abandonment and discontinuance. Any currently existing and used
"outdoor wood burning furnace" which is abandoned or not used for a
period of twelve (12) consecutive months shall not be permitted to be re-
established as a non-conforming use, cannot be used, and must be
immediately removed by the property owner from the subject premises. If
the property owner fails to remove the "outdoor wood burning furnace" by
the end of said twelve months, the City of Janesville Code Enforcement
Officer shall give written notice by certified mail, personal service, or
posting to the property owner upon which the "outdoor wood burning
furnace" is located. Such notice shall provide that such person shall
remove the same within fifteen (15) days of the notice. Should the
"outdoor wood burning furnace" not be removed in the time specified, the
Code Enforcement Officer shall arrange for the removal of the "outdoor
wood burning furnace." The cost of said removal shall be charged to the
owner of said premises. Said cost if not paid within thirty (30) days shall
be assessed and collected in the same manner, by the same proceedings, at
the same time, under the same penalties, and having the same lien upon
the property so assessed as the General City of Janesville Tax and as a part
thereof.
D.
Termination. At such time as the useful life of a non-conforming or pre-
existing "outdoor wood burning furnace" has elapsed or would need to be
repaired to function properly, the unit cannot be replaced and must be
abandoned, not used, and removed from the property immediately.
Enforcement and Inspection. The City of J anesville Department of
Housing, Building and Neighborhood Services, and affiliated officials
shall have the power, whenever they deem it necessary, to enter upon the
premises/property to inspect and ascertain compliance with the
requirements of this ordinance.
8.26.070
8.26.080
8.26.090
Severability. The provisions of this Chapter are severable. If any
provision or section is held to be invalid or unconstitutional or if the
application of any provision or section to any person or circumstance is
held to be invalid or unconstitutional, such holding shall not affect the
other provisions, sections or applications of this Chapter which can be
given effect without the invalid or unconstitutional provision, section, or
applications. It is hereby declared to be the intent of the Common Council
that this Chapter would have been adopted had any invalid or
unconstitutional provision or application not been included herein.
Effective Date.
common council.
This Chapter shall be effective upon adoption by the
Violation - Penalty - Iniunctive Relief.
A.
Any owner, proprietor, manager, or other person in charge of or who uses
a property in violation of any provision of this Chapter upon conviction
shall be required to forfeit and pay not less than one hundred dollars
($100) nor more than five hundred dollars ($500) plus the costs of
prosecution. Each day of violation shall constitute a separate offense for
which a separate penalty may be imposed.
B.
Iniunctive Relief. Consistent with Section 101.123(9) of the
Wisconsin State Statutes, as from time to time amended or renumbered,
not withstanding Section 165.60 of the Wisconsin State Statutes, the City,
state, local officials, including, but not limited to, sworn peace officers,
building/code inspectors, and any affected party may institute an action in
any court with jurisdiction to enjoin repeated violations of this section.
The City may also seek, and the court may grant, other related injunctive
relief to abate or prevent repeated violations and to seek compliance.
MOTION BY: Williams
SECOND BY: DeGarmo
COUNCILMEMBER A N P AB
Y A A SE
E Y S NT
S
WELLNITZ, TIM X
BRIEN X
WILLIAMS X
WELLNITZ, TOM X
STEEBER X
DEGARMO X
ADDIE X
ADOPTED:
January 24, 2005
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Steven E. Sheiffer, City Manager
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City Attorney