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
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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:
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Clerk-Treasurer
APPROVED AS TO FORM:
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City Attorney
Proposed by: City Administration
Prepared by: Planning Department