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HomeMy WebLinkAbout1990-44 Calling for a Special ElectionRESOLUTION NO. 90- ~/ A RESOLUTION CALLING A SPECTION ELECTION FOR THE 6th DAY OF NOVEMBER, 1990, IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE LEGAL VOTERS A MEASURE APPROVING AN ORDINANCE MAKING IT UNLAWFUL TO ALLOW A WOOD STOVE OR OTHER RESIDENTIAL SOLID FUEL BURNING DEVICE TO PRODUCE SMOKE WHICH IS DARKER THAN THE STANDARDS SET FORTH IN SAID ORDINANCE. BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. A special election is hereby called to be held in the City of Ashland, Oregon on the 6th day of November, 1990, at which election there shall be submitted to the legal voters for their adoption or rejection the following proposed ordinance, to wit; ORDINANCE PROPOSED BY THE ASHLAND CITY COUNCIL AN ACT To adopt an ordinance as follows: BE IT ORDAINED BY THE PEOPLE OF THE CITY OF ASHLAND, OREGON: SECTION 1. A new chapter is hereby added to the Ashland Municipal Code pertaining to a prohibition on wood stoves and other heating devices emitting smoke darker than standards set forth herein and which shall be Chapter 9.24 and to read in its entirety as follows: Chapter 9.24 OPACITY LIMITATIONS Sections: 9.24.010 Definitions 9.24.020 Prohibition 9.24.030 Penalty 9.24.010 Definitions. For the purposes of this Chapter, the following definitions are hereby adopted: (A) "Residential Solid Fuel Burning Device" means any fireplace, fireplace insert, wood stove, wood burning heater, wood fired boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic, cooking, or heating purposes, which burns less than 1,000,000 B.T.U.'s per hour. (B) "Opacity" means a measurement of visible emisions defined as the degree expressed in percent to which emissions reduce the transmission of light and obscure the view of an object in the background. -1- Resolution 9.24.020 Prohibition. No person owning or operating a residential solid fuel burning device shall cause, allow, or discharge emissions from such device which are of an opacity greater than 40%. However, this does not apply to emissions during the building of a new fire, for a period or periods aggregating no more than thirty minutes in any four hour period. 9.24.030 Penalty. Any person violating or causing the violation of any of the provisions of this chapter shall be punishable as prescribed in Sec'tion 1.08.020 of the Ashland Municipal Code. SECTION 2. The foregoing ordinance shall be effective upon its passage by the electorate at a election to be held on November 6th, 1990. SECTION 3. The ballot title is as set forth on Exhibit "A" which is , attached hereto and incorporated herein. SECTION 4. The City Recorder is hereby requested and directed to give due notice of such special election hereby called as provided in the laws of the State of Oregon and the Charter and Ordinances of the City of Ashland. The foregoing Resolution was duly passed City Council on the~-~ day of~~ , 1990. at a regular meeting of th Nan E. ~ranklin City Recorder SIGNED and APPROVED this~day of~ ~/~~/~.~ ~ 1990 Catherine M. Golden Mayor -2- Resolution NO. EXHIBIT "A" ORDINANCE REGULATING THE OPACITY (DARKNESS) OF WOOD SMOKE. Question: Shall an ordinance be adopted which limits the opacity (darkness) of wood smoke? I'-I NO I--I EXPLANATION The proposed ordinance would limit the opacity of wood smoke to 40%. The purpose of such a limitation is to prevent the burning of green or wet wood and such green or wet wood when burned contributes to the polluting of the atmosphere.