To us, the issue is very simple. Existing Oak Grove Codes, along with common sense, should rule the situation. As with many complaint driven ordinance issues, when someone's actions become a nuisance to others, then there's a problem. For example, someone playing a loud stereo is enforced as a noise complaint. The stereo is legal, and there are no laws against playing music. However, when the music reaches an extreme, the result of playing the stereo loud is a nuisance call, and it has to be dealt with. The ultimate result is the music is turned down to a level where it is no longer a nuisance.

Likewise, the odor, which in the visual form is smoke, is the complaint. The source of the smoke and odor is legal; there are no laws against wood combustion. However, when the smoke and odor reaches an extreme, which it does on a regular basis, then it becomes a nuisance. When it is a nuisance on a continuing basis, it has to be dealt with.

Using the music comparison again, the City does not re-write laws each time a new piece of technology is discovered. The noise ordinance is not updated to add MP3 players or other devices to a list of potential noise complaint devices. No, nuisance ordinances are written to address basic standards of living when it comes to the welfare of people; the health, safety, and habitability of a community, as it states in Oak Grove's Code of Ordinances.

This is a case of extreme wood burning practices, which causes an excessive amount of smoke and odor on a continuous basis in a residential neighborhood, reducing our quality of life, aggravating our existing health issues and creating an unnecessary increase in the risk of a number of known respiratory and cardiovascular disease. Most, if not all of the chemicals created as a by-product of burning are already regulated by the EPA on a Federal level and the MPCA on a State level.

WE ARE NOT LAWYERS. WE DID NOT WRITE LAWS AND ORDINANCES. WE ONLY ASK THAT EXISTING LAWS BE APPLIED UNIFORMLY BY THE PEOPLE CHARGED WITH THE JOB.

Oak Grove's Code of Ordinances already addresses this problem in several areas.
Reading from the TITLE 1300 ZONING REGULATIONS in the Oak Grove CODE OF ORDINANCES, the INTENT AND PURPOSE of the regulations are as follows: (emphasis added to specific areas):

This Ordinance shall be known, cited and referred to as the “CITY OF OAK GROVE ZONING ORDINANCE”.
CHAPTER 1302 - INTENT AND PURPOSE
This Ordinance is adopted for the following purposes:
Protecting the public health, safety,(1) morals, comfort, convenience and general welfare of the property, present and future residents of the City of Oak Grove and surrounding environs. (2)
Preserving the rural character of Oak Grove and preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings in relation to the capacity of the land and buildings surrounding them. (3)
Dividing the City of Oak Grove into zones and districts, restricting and regulating therein the location and use of structures and land.
Promoting the efficient and orderly development of the residential, agricultural, business, industrial, recreational and public land uses.
Providing adequate light, air, and convenience of access to property. (4)
Preserving and protecting the quiet, peaceful enjoyment and habitability of the community. (5)
Limiting congestion in the public rights-of-way and securing safety from fire and other dangers. (6)

HOW THIS ORDINANCE APPLIES:
(1) PUBLIC HEALTH, SAFETY: The smoke and odor affects the respiratory health of residents of at least 6 properties, according to written statements by the residents themselves. Several of these residents were willing to consider using their medical records as proof of the related health issues, if necessary. There are potentially many more people affected who have not complained or made their views known. The six properties that are known include at least 20 residents. Although the City chooses to pursue it as a nuisance issue, there is no doubt this is of great concern to the property owners who live around the source.

(2) COMFORT, CONVENIENCE AND GENERAL WELFARE OF THE PROPERTY...AND RESIDENTS: The smoke and odor are heavy enough to cause lung discomfort inside our own house, has triggered asthma attacks and headaches, and has caused us to abandon the outdoors on our own property on a moment's notice. We have to wear particulate masks when being outside for any length of time. The smoke severely detracts from the livability of our property. Many property owners have experienced similar problems.

(3) REGULATING THE USE OF LAND AND BUILDINGS IN RELATION TO THE CAPACITY OF THE LAND AND BUILDINGS AROUND THEM: The by-product of burning, namely the large volume of smoke and odor, far exceeds the capacity of the surrounding land and air to adequately dissipate without affecting adjoining properties and persons occupying those properties. WE DID NOT PURCHASE OUR PROPERTY TO BECOME ANOTHER PROPERTY'S HVAC EXHAUST SYSTEM!

(4) PROVIDING ADEQUATE... AIR... TO PROPERTY: This speaks for itself. The actions of another property are severely degrading the air quality on our property on a regular basis. The air quality ranges from slightly smokey to nauseating; from eye watering to lung constricting. Depending on wind, (or lack of it), the reduction in air quality may last for 15 minutes, or go on for a day or longer.

(5) PRESERVING AND PROTECTING THE QUIET PEACEFUL ENJOYMENT AND HABITABILITY OF THE COMMUNITY: The large volume of smoke and odor is disruptive to our day to day life, abbreviating or stopping entirely our ability to enjoy our property at any given moment. Friends, family members, delivery people, and others have all independently commented on the smoke and odor around our house, without knowing about our complaint.

(6) SECURING SAFETY FROM FIRE AND OTHER DANGERS: The fact the origin of the smoke is an outdoor wood burning device means it should be complaint to existing outdoor wood burning standards for the health and safety of those living in close proximity. One would assume "securing the safety from fire" includes safety from not just the gaseous flame of a fire but also the resulting by-product of fire, namely the high quantity of smoke and particulate matter contained within that smoke. In emergency fires, it is the smoke that kills far more people than a flame. It is likely Fire Dept. Regulation would require a fire fighter to wear protective breathing apparatus when approaching or entering an area with the high CO concentrations or thick smog banks we see on many occasions.