Municipal Ordinances
Chapter 19 - Health and Sanitation
Chapter Contents:
Article I - IN GENERAL
Article II - INDOOR SMOKE FREE AIR ACT OF 2011
ARTICLE III. OUTDOOR WOOD BURNING FURNACES
Article I - In General
Sec. 19-1. Board of health - Composition; quorum.
The board of health of the city shall be composed of the members of the health committee and the county health officer. A majority of the members of the board shall constitute a quorum at any meeting of the board. (Ord. 842, §1.)
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Sec. 19-2. Same - Powers and duties generally.
The board of health shall exercise general supervision over the health of the city, with full power to take all measures necessary to promote the cleanliness and salubrity thereof; to abate nuisances of every description on public or private property; to prevent the introduction into the city of malignant, contagious or infectious diseases and to adopt such regulations, restrictions, or measures deemed advisable and to prevent the introduction or spreading of contagious or infectious diseases within the city. (Ord. 842, §2.)
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Sec. 19-3. Enforcement of Chapter - Duties of police generally.
It shall be the duty of the city police to attend any meetings of the board of health and to serve all precepts and notices issued by the board; to execute all orders of the board directed to them; to attend to the abatement and removal of nuisances and to perform such other duties in relation to nuisances as the board may direct as often and such manner as may be required by it to examine the condition of all streets, lanes, avenues, alleys, market places and all public squares of the city and report to the board all nuisances found; to notify persons upon whose premises, or premises occupied by them, of any nuisances which may exist, to remove the same and if they be not removed to make report in writing to the board; to visit at least once a week and oftener when required by the board, every part of the city; to arrest any person found violating this Code or any city ordinance which relates to the sanitary regulations of the city; and to watch for and arrest persons throwing, or permitting to be thrown, conducting or allowing to be conducted from their premises into the streets and alleys, any filth or other matter prohibited by this Chapter, and in other respects to exercise the utmost diligence in enforcing this Code and other ordinances in regard to the health department. (Ord. 842, §3.)
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Sec. 19-4. Same - Same - Right of entry to inspect cellars, etc., for nuisances; removal of nuisances.
City police are authorized to enter in the daytime and examine all cellars, yards, enclosures and tenements within the city. Wherever nuisances exist or filth is suffered to accumulate, or water is found in any cellar or basement under any building, city police are authorized to direct the owner or occupier of the premises to remove the same and if such removal be not so made, the fact shall be reported to the board of health. Permits may be granted by any member of the board of health for cleaning privies or the removal of nuisances. (Ord. 842, §4.)
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Sec. 19-5. City held harmless from damages arising out of city owned vehicles traveling on privately owned driving surfaces.
(a) That the city council of the City of Rolla, Missouri, hereby finds and declares it to be the public policy of the City of Rolla that the City should not be held responsible for any damage done to the surface of any privately owned driving surface, including, but not limited to driveways and parking lots, by any City owned vehicle in the performance of City services.
(b) If any property owner does not notify the respective City department in writing prior to the provision of services that his private driving surface cannot accommodate certain vehicles, then the property owner shall be deemed by the City to have waived any claim arising from foreseeable damages to said property.
(c) That this Ordinance shall be considered a hold harmless agreement between the City of Rolla and every person owning property in the City of Rolla, as to the damages mentioned in paragraph (b) of this Ordinance, and every property owner shall by publication of this Ordinance be placed on notice of the same. (Ord. 2889, §1)
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Secs. 19-6 to 19-9. Reserved.
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Article II - INDOOR SMOKE FREE AIR ACT OF 2011
Sec. 19-10. Prohibition of Smoking in Indoor Workplaces and Public Places.
WHEREAS, this Article shall be known as the City of Rolla Indoor Smoke Free Air Act of 2011.
WHEREAS, the City Council of the City of Rolla, Missouri does hereby find that: The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smokefree policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion. Office on Smoking and Health, 2006)
WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005)
WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDIO2000 case-control study," Tobacco Control 11(3): 220-225, September 2002.)
WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency [Dal EPA]), "Health effects of exposure to environmental tobacco smoke", Tobacco Control 6(4): 346-353, Winter, 1997.) The Americans with Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act, "Nonsmokers' Voice 15(1): 8-9.)
WHEREAS, given the fact that there is no safe level of exposure to secondhand smoke, the American society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smokefree environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smokefree in their entirety. (Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005.)
WHEREAS, hundreds of communities in the U.S., plus numerous states, including Arizona, Delaware, Illinois, Iowa, Massachusetts, New Jersey, New York, Ohio, Utah and Washington, have enacted laws requiring all workplaces, restaurants, bars and other public places to be smokefree, as have numerous countries, including Bhutan, France, Iceland, Ireland, New Zealand, Norway, Singapore, Uruguay, and the United Kingdom constituent countries of England, Northern Ireland, Scotland, and Wales.
WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance.
WHEREAS, accordingly, the City Council of the City of Rolla, Missouri finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROLLA, MISSOURI, AS FOLLOWS:
(a) Definitions.
The following words and phrases, whenever used in this Article, shall be construed as defined in this Section:
- "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guest on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
- "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
- "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit.
- "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
- "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
- "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
- "Place of Employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a childcare, adult day care, or health care facility.
- "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreations, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
- "Public Place: means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, indoor sports arenas, theaters, and waiting rooms, A private residence is not a "public place" unless it used as a childcare, adult day care, or health care facility.
- "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant.
- "Service Line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
- "Shopping Mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments.
- "Smoking" means the burning of tobacco and marijuana for the purpose of inhaling or exhaling the fumes of that burning substance.
- "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
(Ord. 4030, §1; Ord. 4723, §1)
(b) Application of Article of City-Owned Facilities.
All enclosed facilities, including buildings and vehicles owned, leased or operated by the City of Rolla, Missouri, shall be subject to the provisions of this Article.
(Ord. 4030, §2)
(c) Prohibition of Smoking in Enclosed Public Places.
Smoking shall be prohibited in enclosed public places subject to the exclusions within this ordinance, within the City of Rolla, Missouri, including but not limited to the following places:
- Aquariums, galleries, libraries, and museums.
- Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments.
- Bars.
- Bingo facilities.
- Childcare and adult day care facilities.
- Convention facilities.
- Educational facilities, both public and private.
- Elevators.
- Gaming facilities.
- Health care facilities.
- Hotels and motels, except as otherwise provided.
- Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
- Polling places.
- Public transportation vehicles, including buses and taxicabs, under the authority of the City of Rolla, Missouri, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities.
- Restaurants.
- Restrooms, lobbies, reception areas, hallways, and other common-use areas.
- Retail stores.
- Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of Rolla, Missouri or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of Rolla, Missouri.
- Indoor service lines.
- Shopping malls.
- Sports arenas, including enclosed places in outdoor arenas.
- Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances, (except when the smoking is part of a theatrical production).
(Ord. 4030, §3)
(d) Prohibition of Smoking in Places of Employment.
- Smoking shall be prohibited in all enclosed facilities within places of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs restrooms, vehicles, and all other enclosed facilities.
- This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment.
(Ord. 4030, §4)
(e) Prohibition of Smoking in Private Clubs with Employees.
Smoking shall be prohibited in all private clubs during such events or activities utilizing the services of compensated employees. This prohibition shall not apply to private clubs that operate strictly with uncompensated volunteers.
(Ord. 4030, §5)
(f) Prohibition of Smoking in Enclosed Residential Facilities.
Smoking shall be prohibited in the following enclosed residential facilities:
- All private and semi-private rooms in nursing homes.
- At least 80% of hotel and motel rooms that are rented to guests.
(Ord. 4030, §6)
(g) Where Smoking not Regulated.
Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the provisions of Sections 3 and 4:
- Private residences, except when used as a childcare, adult day care, or health care facility, and except as provided in Section 6.
- Not more than twenty percent (20%) of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this Article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
- Outdoor areas of places of employment.
- Private clubs at such time where all labor provided is by means of uncompensated volunteers.
(Ord. 4030, §7)
(h) Declaration of Establishment as Nonsmoking.
Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 9 (A) is posted.
(Ord. 4030, §8)
(i) Posting of Signs.
- Either a "No Smoking" sign or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) at least 6" x 3" in size shall be clearly and visibly posted at each exterior entrance to every building by the owner, operator, or manager of that building within which a public place or place of employment where smoking is prohibited by this Article is located. The purpose of the signs and/or symbols is to inform customers, visitors and employees of this Article.
- Every motor vehicle regularly engaged in the business of carrying passengers for hire within the City shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited.
(Ord. 4030, §9)
(j) Nonretaliation; Nonwaiver of Rights
- No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 12, violation of this Subsection shall be a misdemeanor, punishable by a fine not to exceed $500 for each violation.
- An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(Ord. 4030, §10)
(k) Enforcement.
- This Article shall be enforced by the Chief of Police and the City Administrator or their designees. The Phelps/Maries Department of Health Department has agreed to assist with enforcement, data gathering and public education.
- Notice of the provisions of this Article shall be given to all applicants for a business license in the City of Rolla, Missouri.
- Any citizen who desires to register a complaint under this Article may initiate enforcement with City Administration or the Rolla Police Department.
- The Phelps/Maries Department of Health, and Rolla Community Development Department will assist with compliance with this Article while an establishment is undergoing otherwise mandated inspections.
- An owner, manager, operator, or employee of an establishment regulated by this Article shall inform persons violating this Article of the appropriate provisions thereof.
- Notwithstanding any other provision of this Article, as employee or private citizen may bring legal action to enforce this Article.
- In addition to the remedies provided by the provisions of this Section, the City Administrator or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(Ord. 4030, §11)
(l) Violations and Penalties.
- A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50).
- Except as otherwise provided in Section 10(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100) for a violation.
- In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
- Each day on which a violation of this Article occurs shall be considered a separate and distinct violation.
(Ord. 4030, §12; Ord. 4723, §2)
(m) Public Education.
The City of Rolla and the Phelps/Maries County Department of Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and mangers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance.
(Ord. 4030, §13)
(n) Governmental Agency Cooperation.
The City Administrator shall periodically request other governmental and educational agencies having facilities within the City of Rolla to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, City, and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
(Ord. 4030, §14)
(o) Other Applicable Laws.
This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 4030, §15)
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Secs. 19-11 to 19-15. Reserved
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ARTICLE III. OUTDOOR WOOD BURNING FURNACES.
Sec. 19-16. Purpose and Authority.
Whereas, outdoor wood burning furnaces have been found to emit significantly high quantities of particulate matter and noxious fumes, and;
Whereas, poor and unapproved operating practice will exacerbate the effects of the smoke, and;
Whereas, complaints related to adverse effects, impacts to health, comfort of life, and general nuisance have been recorded in Rolla for outdoor wood burning furnaces, and;
Whereas, the City of Rolla hereby adopts these regulations in order to protect the public health, comfort, and convenience from uncontrolled emissions of smoke and noxious fumes.
(Ord. 4114 §2)
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Sec. 19-17. Definitions.
- Clean Wood means wood that is not treated, coated, or had any adhesives or chemicals applied to it.
- Emission means any discharge or release of an air contaminant to the ambient air space.
- Emission point means any place including but not limited to a stack or vent from which any air contaminant is emitted to the ambient air space.
- Incinerator means an appliance used to burn trash, rubbish, and other wastes.
- Outdoor wood burning furnace means a freestanding wood-fired boiler, surrounded by a water jacket with smoke vent that is used to heat water that is carried by pipe to provide heat to a building or other destination. Outdoor wood burning furnaces do not include fire pits, chimneys, wood-fired barbeques, or equipment for melting, reclaiming, or refining of metals.
- Odor means that property of gaseous, liquid, or solid materials that elicits a physiological response by the human sense of smell.
(Ord. 4114 §2)
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Sec. 19-18. Applicability – New and Existing Outdoor Wood Burning Furnaces.
Prior to the installation of a new outdoor wood burning furnace system within Rolla, the property owner or his representative must first obtain a building permit from the City. Permit applicants must demonstrate that they understand the requirements for proper installation. The application must be accompanied by a written site plan indicating the proposed furnace location in relation to all existing structures and separating distances from the furnace to all buildings and outbuildings on site and all neighboring structures within 400 (four hundred) feet. The plan must also indicate distances to all adjacent roads to the site and distances from the furnace to woods, brush, and flammable structures. Outdoor wood burning furnaces placed in service before the passage of this ordinance may continue to operate and shall be maintained in accordance with the provisions set-forth in Sec.19-20 and shall also be maintained in accordance with manufacturer's requirements, but may not be replaced, modified or enlarged without complying with City regulations.
(Ord. 4114 §2)
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Sec. 19-19. Installation Standards.
- Outdoor wood burning furnaces shall be located a minimum of 300 (three hundred) feet from any structure designed or built for human occupancy, not presently being served by an outdoor wood burning furnace.
- A clear radius of 25 (twenty-five) feet must be maintained between any outdoor wood burning furnace and any trees or vegetation of a height greater than the height of the top of the fuel feed door.
- Tops of chimneys or points of emission from outdoor wood burning furnaces must be in no case less than 15 (fifteen) feet above the ground as measured by the ground immediately surrounded by the outdoor wood burning furnace and any other manufacturer's requirements.
- Tops of chimneys or other points of emission from outdoor wood burning furnaces must be 2 (two) feet higher than the peak of any structure on the property being served or any habitable structure within 300 (three hundred) feet of the furnace.
(Ord. 4114 §2)
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Sec. 19-20. Operations.
- Only dried wood shall be used to fuel outdoor wood burning furnaces.
- No burning of treated woods (plywood), trash, garbage, biological waste, any plastic materials, asphalt, rubber, newspaper, cardboard or any waste usually burned in an incinerator.
- Outdoor wood burning furnaces shall be operated in a manner consistent with manufacturers operating procedures. In no case shall the operations of an outdoor wood burning furnace cause a public nuisance or a public health risk.
- Waste oil may not be used except when oil is burned in a heating or energy recovery device.
- All outdoor wood burning furnaces shall be subject to the building codes, and all permits required in such codes of the City of Rolla shall be obtained as necessary.
(Ord. 4114 §2)
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Sec. 19-21. Penalties.
Any violation of these regulations shall be punishable as described in the Rolla City Code. (Ord. 4114 §2)
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Sec. 19-22. Severability.
If any provision contained in these regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions. (Ord. 4114 §2)
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