The Village Board of the Village of Footville hereby determines
that:
A. It is well-recognized that smoke resulting from the burning of wood
and other substances is hazardous to the health of individuals and
the general public. Accordingly, it is in the public interest to prevent,
insofar as possible, their involuntary exposure to such smoke.
B. Involuntary exposure to wood and other smoke poses a particular health
hazard to children, senior citizens, individuals with cardiovascular
disease and individuals with impaired respiratory functions. The use
of outdoor wood-burning furnaces, as defined below, would pose an
increased risk of harm to such individuals.
C. This chapter is adopted in order to minimize the risk, to the general
public, of involuntary exposure to smoke produced by wood and other
substances.
As used in this chapter, the following terms shall have the
meaning indicated:
OUTDOOR WOOD-BURNING FURNACE
A furnace, stove, boiler or other device capable of burning
combustible materials other than natural or propane gas, including,
but not limited to, wood or corn, not located within the exterior
walls (including the basement walls) of the principal building or
garage on any lot or other parcel, which is intended to heat the principal
building, garage or any other structure, through circulation of air
or water.
No person shall construct, allow to be constructed upon premises
owned or controlled by the person, or operate an outdoor wood-burning
furnace within the Village of Footville.
In addition to any other penalty provided for a violation of
any provision of this chapter, the Village of Footville or any affected
individual may pursue, in any court with applicable jurisdiction,
an action to enjoin repeated violations of this chapter.
Any Village official, including but not limited to the Village
Building Inspector, authorized by the Village President and/or the
Village Board, may enter upon private property to inspect and ascertain
compliance with the requirements of this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Violations of this chapter shall be subject to the penalties provided in §
1-4, Penalties.