When used in this chapter, the following terms
shall have the following respective meanings:
COLD FIREBOX
A locomotive firebox from which the fire, coal and ashes
have been completely withdrawn or extinguished.
COMBUSTION EQUIPMENT
Any furnace, incinerator, refuse-burning equipment, boiler,
apparatus, device, mechanism, stack or structure (except a railroad
locomotive) or fuel-burning equipment used in the process of burning
fuel or combustible material.
COMMISSIONER
The Commissioner of Neighborhood and Business Development
of the City of Rochester or his or her legally designated representative.
[Amended 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 2-24-1981 by Ord. No. 81-55; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
DENSE SMOKE
Smoke which has a density of No. 2 or greater as established
by the Ringelmann Chart.
LOCOMOTIVE
A vehicle operating on rails by self-contained motive power.
OPEN FIRE
Any bonfire, open incinerator basket or any fire wherein
the products of combustion are emitted directly into the open air
and not directed through a stack or chimney.
PERSON, FIRM or CORPORATION
Person or persons, firm, corporation, institution, partnership,
copartnership, organization, association, companies, syndicates or
any other group or groups of organized or unorganized individuals
and shall include masculine, feminine, singular and plural in any
circumstances.
PORTABLE EQUIPMENT
A boiler used separately or in connection with a power shovel,
road roller, hoist, derrick or a pile driver; also tar kettles, asphalt
kettles and other portable equipment capable of emitting smoke.
RINGELMANN CHART
That chart as now used and published by the United States
Bureau of Mines to determine the density of smoke.
SMOKE
All gaseous products of combustion, together with carbon,
soot, fly ash and all other particulate solids in combustion gases.
SOOT
Agglomerated particles consisting essentially of carbonaceous
materials.
UMBRASCOPE
An instrument for determining the density of smoke by comparison
with smoke glass of definite light-absorbing power.
For the purpose of grading the density of smoke,
the Ringelmann Chart, as now published and used by the United States
Bureau of Mines, which is hereby made a part of this chapter, shall
be the standard. However, the umbrascope readings of smoke densities
may be used when correlated with the Ringelmann Chart.
Dense smoke is hereby declared to be a nuisance,
and the emission or escape thereof from any locomotive, tug, boat,
stack, chimney or flue of any premises, building, fuel-burning equipment,
roundhouse, portable equipment or other similar contrivance or from
any open fire shall be unlawful; provided, however, that the following
exceptions to the provisions of this section shall be permitted.
A. Exception No. 1.
[Amended 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263]
(1) In the operation of stationary or portable combustion
equipment, allowance shall be made for periods of dense smoke emission
as follows:
(a)
Twenty minutes in each 24 hours for starting
or lighting each wholly fresh fuel bed.
(b)
Ten minutes in each eight hours for cleaning
accumulated ashes from grates of each fuel bed.
(c)
Ten minutes in each eight hours for removing
soot or dust from flue gas passages of each fuel bed.
(2) In the event of an emergency affecting the procurement
of satisfactory fuels or suitable combustion equipment or unavoidable
failure or breakdown of combustion equipment which tends to produce
unlawful emission of smoke, the person directly in responsible charge
of such equipment shall immediately notify the Commissioner of Neighborhood
and Business Development of such emergency, failure or breakdown,
together with all pertinent facts pertaining thereto, and shall also
report when such emergency or defect has been removed. Immunity from
prosecution under such circumstances shall be at the discretion of
the Commissioner of Neighborhood and Business Development, but in
no event shall such immunity from prosecution be granted more often
than three times in any twelve-month period for any particular combustion
equipment.
[Amended 6-16-2009 by Ord. No. 2009-179]
B. Exception No. 2. In the operation of solid-fuel-fired
steam locomotives, allowance shall be made for periods of dense smoke
emission as follows:
(1) One and only one allowance, not to exceed a continuous
period of 10 minutes, shall be made for cleaning, withdrawing or extinguishing
the fire in any particular locomotive at a roundhouse, terminal or
firecleaning station in any 24 hours.
(2) One and only allowance, not to exceed a continuous
period of 10 minutes, shall be made for building a wholly fresh fire
in any particular locomotive having a "cold firebox" in any 24 hours.
(3) In operating service, whether moving or standing,
allowance shall be made for any period of dense smoke emission of
not more than two minutes per hour in the aggregate.
[Amended 9-28-1965; 1-23-1968 by Ord. No. 68-18; 6-27-1985 by Ord. No. 85-263; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No.
2009-179]
No person shall in any manner hinder, obstruct,
delay, resist, prevent or in any way interfere or attempt to interfere
with the Commissioner of Neighborhood and Business Development or
his or her duly authorized representatives in the performance of any
duty herein enjoined, nor refuse to permit them to perform their duties
by refusing them, or any of them, entrance to any premises at reasonable
hours, or refuse to permit the inspection or examination of such building,
establishment, premises, enclosure, combustion equipment or locomotive
for the purpose of the enforcement of this chapter.
[Amended 9-28-1965; 7-22-1969 by Ord. No. 69-329]
Any person, firm or corporation, violating any
of the provisions of this chapter, shall be punished upon conviction
by a fine not exceeding $150 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment, or by a penalty not less than
$25 nor more than $500 to be recovered by the City of Rochester in
a civil action. Each day's violations shall be considered a separate
offense.
Should any section, paragraph, sentence, clause
or phrase in this chapter be declared unconstitutional or invalid
for any reason, the remainder of the chapter shall not be affected
thereby and shall remain in full force and effect, and to that end,
the provisions of this chapter are declared to be severable.