[HISTORY: Adopted by the Common Council of
the City of Rice Lake as Title 8, Chapter 2 of the Code of Ordinances.
Amendments noted where applicable.]
A.
Cleanup required. All persons, firms or corporations
delivering, hauling, disposing, storing, discharging or otherwise
handling potentially polluting substances, solid or liquid, such as
but not limited to the following, shall immediately clean up any such
spilled material to prevent its becoming a hazard to health or safety
or directly or indirectly causing the pollution of the lakes and streams
under the jurisdiction of the city: fuel oil, gasoline, solvents,
industrial liquids or fluids, milk, grease trap and septic tank wastes,
sewage sludge, sanitary sewer wastes, storm sewer catch basin wastes
and oil or petroleum wastes.
B.
Notification. Spills or accidental release of hazardous
materials or pollutants at a site or of a quantity or nature that
cannot adequately be cleaned up by the responsible party or parties
shall be immediately reported to the Police Department so that assistance
can be given by the proper agency.
C.
Financial liability. The party or parties responsible
for the release, escape or discharge of wastes may be held financially
liable for the cost of any cleanup or attempted cleanup deemed necessary
or desirable and undertaken by the city, or its designated agent,
in an effort to minimize the polluting effects of the discharged waste.
It shall be unlawful for any person, firm or
corporation to store any potentially polluting substances unless such
substances are stored in such manner as to securely prevent them from
escaping onto the ground surface and/or into any street, sewer, ditch
or drainageway, lake or stream within the jurisdiction of the city.
[Added 5-27-2008 by Ord. No. 08-10]
A.
Intent and purpose. The Common Council of the City
of Rice Lake has the authority to exercise its police powers for the
general health, welfare and safety of the residents of the City. It
is recognized and found that the type of fuel used by and the scale
and duration of the burning by solid-fuel-fired outdoor heating devices
and the smoke and particulate emissions emanating therefrom create
noxious and hazardous smoke, soot, fumes, odors and air pollution
that can be detrimental to citizens' health, and can deprive neighboring
property owners/users of the enjoyment of their property or premises
when such devices are located in an urban setting. Such devices are
hereby declared to be a public nuisance.
B.
Definition. "Solid-fuel-fired outdoor heating device"
means any equipment, device or apparatus, or any part thereof, which
is installed or constructed for the purpose of combustion of fuel
to produce heat, hot water and/or energy that is used as a component
of a heating system providing heat for the interior of a building
or for a pool, where the equipment, device or apparatus is located
outside of the building or pool for which the heat, hot water and/or
energy is to be generated. Said device shall be deemed to be outdoors,
even if it is located in a building.
C.
Prohibition of solid-fuel-fired outdoor heating devices. It shall be unlawful for any person to install, construct, operate or use a solid-fuel-fired outdoor heating device within any residential zoning districts in the City of Rice Lake, except as set forth at Subsection D.
D.
Nonconforming use.
(1)
The lawful use or operation of any solid-fuel-fired
outdoor heating device, existing as of the effective date of this
section, may be continued, subject to the requirements of this subsection.
(2)
The property owner of any solid-fuel-fired outdoor
heating device existing as of the effective date of this section shall,
within six months of the effective date of this section, register
said device with the City of Rice Lake Building Inspector and receive
a permit evidencing its status as a nonconforming use under this section.
At the time of registration, the applicant shall pay to the City Clerk-Treasurer
a fee as set forth in the fee schedule adopted as part of the annual
budget document.
(3)
No nonconforming solid-fuel-fired outdoor heating
device shall hereafter be extended, enlarged, or expanded.
(4)
Any solid-fuel-fired outdoor heating device existing
as of the effective date of this section, which use has been discontinued
for a period of 12 consecutive months, shall not be permitted to be
re-established as a nonconforming use, cannot be used or operated,
and must be immediately removed by the property owner from the subject
premises. If the property owner fails to remove the solid-fuel-fired
outdoor heating device at the end of said 12 months, the City shall
give written notice by certified mail or personal service. Such notice
shall provide that such person shall remove the solid-fuel-fired outdoor
heating device within 15 days of the notice.
(5)
Solid fuel-fired outdoor heating devices permitted to be used or operated pursuant to Subsection D(1) shall be required to use clean wood or wood specifically permitted by the manufacturer as fuel. "Clean wood" is defined as natural wood which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products. The use of the following materials as fuel is strictly prohibited:
(a)
Rubbish or garbage, including but not limited
to food wastes, food wraps, packaging, animal carcasses, paint or
painted materials, furniture, composite shingles, construction or
demolition debris or other household or business wastes.
(b)
Kerosene, gasoline or petroleum products.
(c)
Asphalt and products containing asphalt.
(d)
Wood or wood products, other than clean wood.
(e)
Any plastic material, including but not limited
to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics,
plastic films and plastic containers.
(f)
Rubber, including tires and synthetic rubber-like
products.
(g)
Newspaper, corrugated cardboard, container board
and office paper.
E.
The Fire Chief, Police Chief, Building Inspector or
their subordinates are authorized to enforce the provisions of this
section.
F.
Violations shall be subject to penalties in § 1-20. This section shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this section.
G.
Severability. The provisions of this section are severable.
If any provision or subsection is held to be invalid or unconstitutional
or if the application of any provision or subsection to any person
or circumstance is held to be invalid or unconstitutional, such holding
shall not affect the other provisions, subsections or applications
of this section which can be given effect without the invalid or unconstitutional
provision, subsection, or applications. It is hereby declared to be
the intent of the Common Council that this section would have been
adopted had any invalid or unconstitutional provision or application
not been included herein.
