§ 141-1. Authority.
This chapter
is adopted pursuant to the authority of Article II, § 10 of the Municipal
Home Rule Law and Article IV, § 4-412, of the New York State Village
Law.
§ 141-2. Purpose.
It is the
intention of the Village Board of the Village of New York Mills by the adoption
of this chapter to establish and impose restrictions upon the construction and
operation of outdoor multi-fuel furnaces within the limits of the Village for
the purpose of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity of the Village and its inhabitants. It is
generally recognized that the types of fuel used, and the scale and duration of
the burning by such furnaces create noxious and hazardous smoke, soot, fumes,
odors and air pollution, can be detrimental to citizens' health, and can
deprive neighboring residents of the enjoyment of their property or
premises.
§ 141-3. Definitions.
As used in
this chapter, the following terms shall have the meanings indicated:
OUTDOOR
MULTI-FUEL FURNACE -- An accessory
structure, designed and intended, through the burning of wood, wood pellets,
oil, gas, coal, or any type of heating fuel, for the purpose of heating the
principal structure, or any other site structure on the premises.
§ 141-4. Prohibition.
The
construction and operation of outdoor multi-fuel furnaces are hereby prohibited
within the Village of New York Mills.
§ 141-5. Penalties for
offenses.
Any person
who shall violate any provision of this chapter shall be guilty of a violation
as defined in Article 10 of the Penal Law and shall upon conviction be subject
to a fine of not more than $250 or to imprisonment for not more than 15 days or
both such fine and imprisonment. Each week's continued violation shall
constitute separate and distinct offenses.
§ 141-6. Civil proceedings
and penalties.
Compliance
with this chapter may also be compelled and violations restrained by order or
by injunction of a court of competent jurisdiction. Any person who violates any
provision of this chapter shall also be subject to a civil penalty of not more
than $500, to be recovered by the Village in a civil action, and each week's
continued violation shall be for this purpose a separate and distinct
violation. In the event the Village is required to take legal action to enforce
this chapter, the violator will be responsible for any and all necessary costs
relative thereto, including attorney's fees, and such expenses shall be charged
to the property so affected by including such expense to the next annual tax
levy against the property.
§ 141-7. Authority for
enforcement.
The Village
Board of the Village of New York Mills and/or its enforcement officer are
hereby authorized in the name and on behalf of the Village to undertake and
prosecute any proceedings necessary or appropriate to enforce compliance with
this chapter.
