[HISTORY: Adopted by the Board of Trustees of the Village of Newark
Valley 10-24-2006 by L.L. No. 3-2006.
Amendments noted where applicable.]
This chapter is adopted pursuant to the authority of Articles 2 and
3 of the Municipal Home Rule Law.
It is the intention of the Village Board of the Village of Newark Valley,
by the adoption of this chapter, to establish and impose restrictions upon
the construction and operation of outdoor wood-burning 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, and can deprive neighboring residents of the enjoyment of their
property or premises.
As used in this chapter, the following terms shall have the meanings
indicated:
An accessory structure, designed and intended, through the burning
of wood, for the purpose of heating the principal structure, or providing
domestic hot water.
The construction and operation of outdoor wood-burning furnaces are
hereby prohibited within the Village of Newark Valley.
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 a separate and distinct offense.
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 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 expense shall be charged to the property so affected by including such
expense in the next annual tax levy against the property.
The Village Board of the Village of Newark Valley 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.
