(A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      FREESTANDING OUTDOOR FURNACE.  FREESTANDING OUTDOOR FURNACE shall mean, but is not limited to, any device, apparatus or structure or any part thereof,
         (a)   Designed to burn wood, or other fuel including, but not limited to, coal, paper or agricultural products; and
         (b)   The unit is not located within a building intended for habitation by humans or domestic animals; and
         (c)   Which is installed for the primary purpose of combustion of such fuel to produce heat, energy and/or hot water to be used as a component of a heating system which provides heat for any interior space.
   (B)   It shall be unlawful to install or operate a freestanding outdoor furnace, or to cause or permit the installation or operation of a freestanding outdoor furnace, within the Village of Minster.
   (C)   This section shall in no way be construed nor is the same intended to prohibit the installation, operation or use of exterior chimneys, stove pipes or similar apparatuses that are otherwise in conformity with other federal or state laws, rules or regulations constituting any part of any interior furnace system, interior stove system, interior fireplace system or operation of any system that provides the exhaust of waste heat, smoke or similar substances from interior spaces.
   (D)   This section shall not apply to any freestanding outdoor furnace that was installed, connected and operating as of the effective date of this section. However, this section shall not be deemed as specific authorization for the use of any pre-existing freestanding outdoor furnace and shall not be deemed to bar, limit or otherwise affect the rights of any person to take private legal action regarding damage or nuisance caused by the use of a freestanding outdoor furnace.
   (E)   No existing freestanding outdoor furnace in existence on the effective date of this section shall be replaced or upgraded.
   (F)   Any person or corporation who shall violate any of the provisions of this section shall for each and every violation or non-compliance be guilty of a misdemeanor of the fourth degree and be subject to the sanctions provided in § 130.18. Each day such violation shall be permitted to exist shall constitute a separate and additional offense.
(Ord. 06-11-13, passed 12-26-06)