VILLAGE COUNCIL

VILLAGE OF NASHVILLE

BARRY COUNTY, MICHIGAN

ORDINANCE NO. 12-28-2006

AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH, SAFETY, AND WELFARE BY REGULATING FREESTANDING WOOD BURNING FURNACES

The Village of Nashville ordains:

Section 1.         Statement of Legislative Intent and Authority.

The Village of Nashville finds that freestanding wood burning furnaces are a potential source of unhealthy amounts of particulate matter and may emit unhealthy amounts of air pollution, including carbon monoxide and other toxic air pollutants. The Village further finds that the unregulated use and placement of freestanding wood burning furnaces may result in public and private nuisances and be a threat to the public health, safety, and welfare by the emission of smoke and sparks and the creation of potential fire hazards. Therefore, the Village adopts this Ordinance for the protection of the public health, safety, and general welfare of persons and property within the Village.

Section 2.         Definition of Freestanding Wood Burning Furnace.

The term or word(s) “freestanding wood burning furnace,” or “furnace” as used in this Ordinance mean any device or structure that (1) is designed, intended, or used to provide heat and/or hot water to any residence, building, or other structure; (2) operates by the burning of wood, coal, corn, shells or other solid fuel; and (3) is not located entirely within a residential dwelling or other building for which it provides heat and/or hot water.

Section 3.         Regulations.

All persons owning, controlling, leasing, operating, or using a property or parcel with a freestanding wood burning furnace thereon must comply with all of the following regulations:

A. No freestanding wood burning furnace may be located or utilized within any condominium development or within a commercial zoning district as designated by the Nashville Zoning Ordinance, as amended.

B. No freestanding wood burning furnace may be installed or located:

(1) in the front yard of a parcel; or

(2) within fifteen (15) feet of the nearest building or structure which is not located on the same parcel as the furnace; or

(3) within twenty-five (25) feet of a public road right-of-way or a private road or access easement; or

(4) within fifteen (15) feet of any lot line of the parcel on which it is located; or

(5) within in fifteen (15) feet of any house or residential dwelling on any parcel which adjoins the property on which the freestanding wood burning furnace is located, or

(6) within ten (10) feet of the principal residence or structure for which it is intended to supply heat and/or hot water; and

(7) must be concealed from public view.

C. All trees, brush, and shrubbery shall be cleared within a twenty-five (25) foot radius of the location of any freestanding wood burning furnace, and the cleared area must be maintained free of trees, brush, and bushes at all times. Any fire wood or other fuel stored within the twenty-five (25) foot radius must either be covered or otherwise reasonably protected against accidental ignition or combustion.

D. Every freestanding wood burning furnace must have a smokestack or chimney that is at least 15 feet tall (as measured from ground level) and that includes a spark arrester. If there are any residences within 100 feet of the chimney, the chimney must also extend at least as high above the ground surface as the height of the roofs of all those residences. The Nashville Fire Chief may approve a lesser height on a case-by-case basis if necessary to comply with manufacturer’s recommendations and if the smoke from the lower chimney height will not create a nuisance for neighbors.

E. Every freestanding wood burning furnace can only be used to burn fuel designed or intended to be burned in the furnace. Wood/corn used as fuel must be dry. No garbage, household trash, petroleum products, rubber, plastic material, treated or painted wood, construction waste, or other solid waste shall be burned in a furnace regardless of design or manufacturer’s fuel source. All fuel must be located within a sheltered area, not just covered with a tarp.

F. Every freestanding wood burning furnace must be kept in good condition and reasonable repair at all times and must comply with all applicable state, federal, and local laws, ordinances, and regulations.

G. Every freestanding wood burning furnace must receive a permit from the local fire chief on an annual basis.

Section 4.         Right of Entry and Inspection.

An authorized officer, agent, employee or representative of the Village who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this Ordinance.

Section 5.         Enforcement.

The Village Clerk (together with such other Village agents, officials, or employees as may be designated from time to time by resolution of the Nashville Village Council) is authorized to enforce this Ordinance, including having the authority to issue and pursue municipal civil infraction citations or tickets. Any violation of this Ordinance shall be deemed to be a nuisance per se.

Section 6.         Violations/Civil Infractions.

A violation of this Ordinance constitutes a municipal civil infraction. Any person who violates, disobeys, omits, neglects, or refuses to comply with any provision of this Ordinance, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this Ordinance, shall be in violation of this Ordinance and shall be responsible for a civil infraction. The fine for a municipal civil infraction shall be not less than fifty dollars ($50.00) nor more than two hundred ($200.00) for the first discretion of the Court, in addition to all other costs, damages, expenses, and remedies provided by law. For purposes of this section, “subsequent offense” means a violation of the provisions of this Ordinance committed by the same person within twelve (12) months of a previous violation of the same provision of this Ordinance or similar provision of this Ordinance for which said person admitted responsibility or was adjudged to be responsible. Each day during which any violation continues shall be deemed a separate offense.

Section 7.         Other Remedies.

In addition to the remedies provided in Section 5 and 6 above, the Village may also institute a nuisance, injunction, equitable, mandamus, abatement, or other appropriate action or proceeding in court to prevent, enjoin, abate, or remove any freestanding wood burning furnace that has been installed or used in violation of this Ordinance and to procure such other orders or remedies as the court deems appropriate. The rights and remedies provided herein are deemed cumulative and shall be in addition to all other remedies provided by law.

Section 8.         Severability.

If any part of this Ordinance is declared to be invalid by a court of competent jurisdiction, such ruling shall not affect any other provisions of this Ordinance, which shall remain in full force and effect.

Section 9.         Effective Date.

This ordinance shall be published in the manner required by law and shall become effective twenty (20) days after the date of publication.

Moved by Council member Shotts seconded by council member Harwood that the foregoing Ordinance No. 12-28-2006 be adopted.

Ayes: Holden, Kenyon, Shotts, Harwood

Nays: Coll, J Dunham

Absent: F Dunham

Ordinance No.12-28-06 declared adopted at a regular meeting of the Nashville Village Council held on December 28, 2006.