Outdoor Wood Furnaces

Sec. 3-2-13        Prohibit Outdoor Furnaces

 (a)        Notwithstanding anything to the contrary set forth in any other ordinance or code of the City of Elroy, no person shall construct, install, operate or use, or suffer to construct, install, operate or use any outdoor solid fuel hearing device (furnace) to provide heat to any building or structure or equipment upon any property in the City of Elroy.

 (b)       “Outdoor Solid Fuel Heating Device” (furnace) is any device designated to generate heat, hot water or both, for the interior of a building by solid fuel combustion where the enclosure in which the combustion takes place is located outside the building for which the heat, hot water, or both is to be generated.  This definition includes but is not limited to outdoor wood burning heating units.

(c)        Penalties.

     (1)       General Penalty.  Except as otherwise provided, any person who shall violate any of the provisions of this ordinance shall, upon conviction of such violation, be subject to a forfeiture which shall be as follows:

               (a.)        First Offense.  Any person who shall violate any provision of this ordinance, shall, upon conviction thereof, forfeit not less than $15.00 nor more than $500.00, together with the costs of prosecution.

               (b.)       Second Offense.  Any person found guilty of violating any provisions of this ordinance who has previously been convicted of a violation of the same provision within one year shall, upon conviction thereof, forfeit not less than $75.00 nor more than $500.00 for each such offense, together with the costs of prosecution.

     (2)       Continued Violations.  Each violation and each day a violation continues or occurs shall constitute a separate offense.

     (3)       Other Remedies.  Nothing in this ordinance shall preclude the City of Elroy from maintaining any appropriate action to prevent or remove a violation of any provision of this ordinance.

(d)       Repeal of inconsistent ordinance.  All existing City ordinances, parts of ordinances, and amendments thereto in conflict with any of the provisions of this ordinance are hereby repealed. 

(e)        Effective Date.  This ordinance shall take effect upon publication of a summary as required by law.