(a) “Freestanding outdoor furnaces” shall mean, but not be limited to, any device, apparatus or structure, which includes all of the following:
(1) Designated to burn wood, or other fuel including, but not limited, coal, paper or agricultural products; and,
(2) The unit is not located within a building intended for habitation by humans or domestic animals; and,
(3) 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 City of St. Marys.
(c) This section shall in no way be construed, nor is 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 currently installed and operating as of the effective date of this ordinance; however, this ordinance 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 freestanding furnace in existence on the effective date of this section shall be replaced or upgraded.
(f) Any person or corporation who violates any provision of this section shall for each and every violation or non-compliance be guilty of a misdemeanor of the fourth degree. Each day such violation shall be permitted to exist shall constitute a separate and additional offense.
(g) In addition to, or in lieu of, the penalty, the violator may be required to remove the freestanding outdoor furnace from any public or private property within the corporation limits of the City.
(Ord. 2007-04. Passed 3-26-07.)