The following words and phrases shall have the indicated meanings:

(A) High pollution day means that period of time declared to be a high pollution day by the Colorado Department of Health.

(B) Sole source of heat means one or more solid fuel-fired heating devices which constitute the only source of heat in a private residence for purposes of space heating. If there is a furnace or heating system designed to heat the residence, a solid fuel-fired heating device or devices shall be considered to be the sole source of heat only if the furnace or heating system is disconnected from its energy source, e.g. heating oil, natural gas, electricity, or propane.

(C) Solid fuel-fired heating device means a device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes solid fuel-fired stoves, fireplaces, and furnaces or boilers. Solid fuel-fired heating device does not include a barbecue device used solely for the cooking of food or natural gas-fired fireplace logs. (Ord. 794 §1, 1988)

(A) It shall be unlawful for any person to operate a solid fuel-fired heating device during a high pollution day unless that person has an exemption granted pursuant to section 8-15-030 below. It shall be the duty of all persons owning or operating a solid fuel-fired device to be aware of any declaration of a high pollution day by the Colorado Department of Health.

(B) At the time of the declaration of a high pollution day, the city shall allow three hours for the burndown of existing fires in solid fuel-burning devices prior to the initiation of enforcement. (Ord. 794 §1, 1988)

(A) A person may operate a solid fuel-fired heating device during a high pollution day if he or she has previously obtained an exemption from the city manager or his or her designee. An exemption may be granted if the applicant submits a sworn statement either (1) that he or she relies on a solid fuel-burning device as his or her sole source of heat and that said device was installed prior to the effective date of the ordinance codified herein, or (2) that he or she relies on an electrical heating system as his or her primary source of heat and that said system was installed prior to the effective date of the ordinance codified herein.

(B) An exemption obtained under this section shall be effective for one year from the date it is granted and may be renewed upon submission of a new sworn statement as provided in subsection (A) above.

(C) A person may operate a fuel-fired heating device during a high pollution day if the device is either certified or approved for such burning by the Colorado Department of Public Health and Environment. (Ord. 794 §1, 1988; Ord. 1385 §1, 1999))

It shall be an affirmative defense to a charge of burning on a high pollution day under section 8-15-020 above that a power outage, interruption of natural gas supply, or temporary equipment failure existed at the time and location of the violation, which did not result from any action of the person charged with the violation. (Ord. 794 §1, 1988)

It shall be unlawful for a solid fuel-fired heating device to be the sole source of heat in any rental dwelling unit. Any violation of section 8-15-020 above by the tenant of such a dwelling unit shall be construed to be a violation by the owner of the dwelling unit if a solid fuel-fired heating device is the tenant's sole source of heat. In such a case, the owner, and not the tenant, shall be liable for any penalty imposed. (Ord. 794 §1, 1988)

For the purpose of determining compliance with the provisions of this chapter, the chief of police, a city police officer, or a community services officer is authorized to make inspections to determine whether solid fuel-fired heating devices are being operated on high pollution days. If any person refuses or restricts entry or free access to any part of the premises, or refuses inspection of any device, the chief of police, a city police officer, or a community services officer may seek from the municipal court a warrant for inspection and order that such person refusing inspection be required to permit an inspection at a reasonable time, without interference, restriction, or obstruction. The court shall have full power, jurisdiction, and authority to enforce all orders issued under the provisions of this chapter. (Ord. 794 §1, 1988)