Editor's Note: This originally was posted as a Reader Comment online at www.themonroetimes.com in response to the story, "City tightly restricts use of wood-fired furnaces."
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As the only Monroe City Council member to vote no on the awful outdoor burning ordinance that further erodes the rights of a majority of Monroe citizens, I want to apologize for not creating more of an uproar before it was passed. The reason I didn't speak up loudly and vigorously - as some citizens come to expect from me - is that I did not believe this dreadful ordinance would pass. I assumed my fellow aldermen would read this carefully, and the same issues in it that came out and slapped me in the face would do the same to them.
This ordinance effectively bans outdoor wood-fired furnaces (OWFF) for most citizens, as it clearly states no new wood-fired furnaces can be within 50 feet of a building on your neighbor's property. My neighbors on all sides are within 50 feet. As I have driven around Monroe, this 50-feet rule would outlaw OWFFs for most Monroe citizens, as well, except for those who can afford an oversized lot.
If you happen to live 50 feet or more from your closest neighbor, now you need a 15-foot high chimney on your outdoor wood-fired furnace, unless your neighbor is between 51 to 100 feet from your furnace. If you have a neighbor within that distance, your chimney must be as high as their roof, so as not to accidentally blow smoke on their house. My neighbor's roof is about 40 to 50 feet high. The ordinance does not say where the measurement is taken from, the edge of the roof or the top, but to be safe, we'd better assume the top of the roof, because your neighbor could be in their attic relaxing with their window open on a nice Wisconsin winter day, and we wouldn't want to let our smoke bother them. Now, of course, there is a provision for the building inspector to approve a lower chimney height, as long as he believes it won't create a "nuisance" for the neighbors.
Ah, the nuisance part - the fun part of this awful ordinance. By the way, nuisance was never defined in this ordinance. A nuisance is whatever your neighbor says it is. If they are hyper-sensitive, well that's not their fault, it's yours! Let's simply say that if you're doing everything within this ordinance, and your neighbor still claims your furnace is a nuisance, whether or not it really is, you either have to raise your chimney even more, relocate your furnace, do both, or cease all outdoor furnace operations. Basically, you won't be able to lower your heating bills because of a neighbor's "nuisance" claim. Keep in mind, I'm assuming you live on a large lot, but not too large because it is within 50.1 to 100 feet of your neighbor.
There's no provision to appeal a neighbor's nuisance claim. If your neighbor complains to a cop or, I suppose, a firefighter, well that's it. Your neighbor has charged you, judged you and sentenced you, just like that.
The nuisance provisions apply to those who already have an OWFF, as well. There is no hearing before the zoning board of appeals, city council, or whatever legal authority. I suppose you could retaliate against your neighbor in court, charging loss of savings you would get from your OWFF, loss of heat, emotional duress, or whatever claim you could present. Maybe you could get some real money damages. Who knows?
I have a better thought. Let's repeal this ordinance, or at a minimum change it so it does not take away even more freedoms.
This ordinance first was proposed more than a year ago after complaints from a few citizens. Not much was done, as there was no need then, or now, to effectively ban these outdoor wood burning furnaces. If my memory serves me, one of the citizens complaining about outdoor smoke in the winter lives near a west-side business that purportedly lets off a little too much smoke. I don't know about every citizen in Monroe, but I'm fairly sure most of us, keep our windows closed in the winter, and try to winterize our homes so cold air and foul odors like smoke, don't get in.
I said a year ago in our meeting that the next logical step if these outdoor wood furnaces were banned was to ban emissions from, say, my indoor furnace that blows smoke out my basement window which is at ground level about 10 to 15 feet from my neighbor's house. Then what? Where does this craziness end?
Some of my fellow council members may not like what I'm saying. But reread the ordinance, and please tell me where I'm wrong. Point out the error, if you can. A careful reading of this newly passed ordinance screams out loud and clear: Senseless government intrusion into private citizens' lives!]
The awful parts of this ordinance, especially regarding the outdoor wood fired furnaces, can be repealed or changed. I encourage citizens who support me on this to call their alderperson and encourage them to modify this Big Brother ordinance. We need to make Monroe a better place to live, not let Monroe become a new branch of the Wisconsin prison system.
- Thurston Hanson is the Ward 7 alderman on the Monroe City Council.
• • •
As the only Monroe City Council member to vote no on the awful outdoor burning ordinance that further erodes the rights of a majority of Monroe citizens, I want to apologize for not creating more of an uproar before it was passed. The reason I didn't speak up loudly and vigorously - as some citizens come to expect from me - is that I did not believe this dreadful ordinance would pass. I assumed my fellow aldermen would read this carefully, and the same issues in it that came out and slapped me in the face would do the same to them.
This ordinance effectively bans outdoor wood-fired furnaces (OWFF) for most citizens, as it clearly states no new wood-fired furnaces can be within 50 feet of a building on your neighbor's property. My neighbors on all sides are within 50 feet. As I have driven around Monroe, this 50-feet rule would outlaw OWFFs for most Monroe citizens, as well, except for those who can afford an oversized lot.
If you happen to live 50 feet or more from your closest neighbor, now you need a 15-foot high chimney on your outdoor wood-fired furnace, unless your neighbor is between 51 to 100 feet from your furnace. If you have a neighbor within that distance, your chimney must be as high as their roof, so as not to accidentally blow smoke on their house. My neighbor's roof is about 40 to 50 feet high. The ordinance does not say where the measurement is taken from, the edge of the roof or the top, but to be safe, we'd better assume the top of the roof, because your neighbor could be in their attic relaxing with their window open on a nice Wisconsin winter day, and we wouldn't want to let our smoke bother them. Now, of course, there is a provision for the building inspector to approve a lower chimney height, as long as he believes it won't create a "nuisance" for the neighbors.
Ah, the nuisance part - the fun part of this awful ordinance. By the way, nuisance was never defined in this ordinance. A nuisance is whatever your neighbor says it is. If they are hyper-sensitive, well that's not their fault, it's yours! Let's simply say that if you're doing everything within this ordinance, and your neighbor still claims your furnace is a nuisance, whether or not it really is, you either have to raise your chimney even more, relocate your furnace, do both, or cease all outdoor furnace operations. Basically, you won't be able to lower your heating bills because of a neighbor's "nuisance" claim. Keep in mind, I'm assuming you live on a large lot, but not too large because it is within 50.1 to 100 feet of your neighbor.
There's no provision to appeal a neighbor's nuisance claim. If your neighbor complains to a cop or, I suppose, a firefighter, well that's it. Your neighbor has charged you, judged you and sentenced you, just like that.
The nuisance provisions apply to those who already have an OWFF, as well. There is no hearing before the zoning board of appeals, city council, or whatever legal authority. I suppose you could retaliate against your neighbor in court, charging loss of savings you would get from your OWFF, loss of heat, emotional duress, or whatever claim you could present. Maybe you could get some real money damages. Who knows?
I have a better thought. Let's repeal this ordinance, or at a minimum change it so it does not take away even more freedoms.
This ordinance first was proposed more than a year ago after complaints from a few citizens. Not much was done, as there was no need then, or now, to effectively ban these outdoor wood burning furnaces. If my memory serves me, one of the citizens complaining about outdoor smoke in the winter lives near a west-side business that purportedly lets off a little too much smoke. I don't know about every citizen in Monroe, but I'm fairly sure most of us, keep our windows closed in the winter, and try to winterize our homes so cold air and foul odors like smoke, don't get in.
I said a year ago in our meeting that the next logical step if these outdoor wood furnaces were banned was to ban emissions from, say, my indoor furnace that blows smoke out my basement window which is at ground level about 10 to 15 feet from my neighbor's house. Then what? Where does this craziness end?
Some of my fellow council members may not like what I'm saying. But reread the ordinance, and please tell me where I'm wrong. Point out the error, if you can. A careful reading of this newly passed ordinance screams out loud and clear: Senseless government intrusion into private citizens' lives!]
The awful parts of this ordinance, especially regarding the outdoor wood fired furnaces, can be repealed or changed. I encourage citizens who support me on this to call their alderperson and encourage them to modify this Big Brother ordinance. We need to make Monroe a better place to live, not let Monroe become a new branch of the Wisconsin prison system.
- Thurston Hanson is the Ward 7 alderman on the Monroe City Council.
