[HISTORY: Adopted by the Village Board of the Village of
Mazomanie 6-14-2011 by Ord. No. 2011-3.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as
Ch. 182, but was renumbered for organizational purposes.
This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Village of Mazomanie due
to the air pollution and fire hazards of outdoor wood pellet burning.
A.
This chapter applies to any wood pellet outdoor heating device, equipment
or apparatus or any part thereof, which is installed, affixed or situated
outdoors for the primary purpose of combustion of solid fuel to produce
heat or energy used as a component of a heating system providing heat
to any interior space or water source. Without limitation because
of enumeration, this chapter specifically applies to outdoor pellet
stoves or furnaces. This chapter does not apply to grilling or cooking
using charcoal, wood, propane or natural gas in cooking or grilling
appliances.
B.
This chapter does not apply to burning in a stove, furnace, fireplace
or other heating device within a building used for human habitation.
C.
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall remain in full force and effect.
The installation, placement, or use of an outdoor wood-burning
device for the purposes of heating a house, garage, pool, hot tub
or other structure as described above, in any zoning district of the
Village of Mazomanie, is hereby prohibited.
A.
Permits shall be issued by the Village Clerk based on an application
form provided by that office and payment of a fee of $50. The permit
shall be valid for one year from the date of issue and may be renewed
only by the original permit holder. Upon the transfer of the title
of a home or other building with an outdoor wood boiler, neither the
valid permit nor the right to operate the existing boiler shall be
transferred to the new owner.
B.
Any person who shall violate any provision of this section shall
have their permit revoked.
C.
Boilers for utility or municipal purposed constructed under WDNR
air emissions permits and in compliance with air quality standards
are exempt from this chapter.
Any person operating an outdoor wood boiler without a permit
upon conviction of such may be subject to a forfeiture of not more
than $200. Each day such violation continues shall be considered a
separate offense.
Any ordinance or any part thereof which conflicts with this
chapter is hereby superseded by this chapter.
This chapter shall become effective upon its adoption and publication/posting
in the manner provided for by law.