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2005-267 REVISED ORDINANCE NO. 2005-267 An ordinance amending the regulation of pre-existing non-conforming outdoor wood burningfurnaces within the City of Janesville, with a penalty for violations thereof as set forth in JGO 8.26.090. THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO ORDAIN AS FOLLOWS: SECTION I. Section 8.26.055 ofthe Code of General Ordinances is hereby created to read as follows: "8.26.055 A. The Common Council hereby reiterate and incorporate herein by reference all of the above stated public health and safety concerns supporting this Chapter. This amendment is adopted based upon those and other valid public health, safety, peace, good order, nuisance, peace and tranquility reasons for the public benefit and best interest including, but not limited to, the fact that certain existing and non- conforming outdoor wood burning furnaces are located in residential areas and areas neighboring residential portions of the City, are operating, emitting smoke and adversely affecting the health and safety of the community and its residents, are creating public nuisances by producing and allowing smoke to invade the homes, residences and work places of neighboring residential and commercial properties, adversely affect persons with smoke allergies, depreciate property values, and are inconsistent with the no outdoor burning ordinances of the City. B. All existing non-conforming outdoor wood burning furnaces in the City shall forthwith fully comply with each and every ofthe following requirements. Failure to comply at any time shall render the furnace's operation contrary to this Chapter and unlawful. All persons who own, possess, operate or use any existing non-conforming outdoor wood burning furnace shall have thirty (30) days from the date of publication of this ordinance amendment within which to bring the furnace into full and strict conformity with the requirements of this subsection or cease using such furnace. This amendment section does not permit the new installation or use of any outdoor wood burning furnace in the City since those are already strictly prohibited by the rest ofthis Chapter: 1. FUEL USED. No person may use trash, gasoline, rubber, naphtha, household garbage, industrial waste, commercial waste, material treated with petroleum products (e.g. particle board, railroad ties and pressure treated wood), leaves, paper products, and cardboard as a fuel for any outdoor wood burning furnace. 2. STARTERS. No person may use lighter fluids, gasoline or other chemicals as a starter for any outdoor wood burning furnace. ORDINANCE NO. 2005-267 PAGE 2 3. LOADING FUEL. For a more efficient burn, all users shall pay attention to loading times and amounts, and shall strictly follow the manufacturer's written instructions for recommended loading times and amounts. 4. STACK HEIGHT. The stack height of all pre-existing outdoor wood burning furnaces shall be determined based on the distance from the nearest residence not served by the furnace. All furnaces located 30 feet or less from the nearest residence not served by the furnace shall have a minimum stack height of 20 feet above the ground elevation where the nonconforming furnace is located on the property. All furnaces located at greater than 30 feet from the nearest residence not served by the furnace shall have a minimum stack height of 15 feet above the ground elevation where the nonconforming furnace is located on the property. 5. SEASONAL USAGE. No person shall operate (burn) any outdoor wood burning furnace in the City from Mfty 1 st through October 1 st of any calendar year. Af r i 1uL- ADOPTED: April 11, 2005 J:'7 Cì ' Z / /" Steven E. Sheiffer, City Mana ( Motion by: Addie Second by: DeGarmo Councilmember Aye Nay Pass Absent Wellnitz, Tim X Brien X Williams X Wellnitz, Tom X Steeber X DeGarmo X Addie X ATTEST: ¿~ Clerk-Treasurer APPROVED AS TO FORM: ¿~4/~'4- City Attorney Proposed by: City Administration Prepared by: Planning Department