[HISTORY: Adopted by the Town Board of the Town of Eden 12-1-1965.
Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 175.
It is hereby declared pursuant to the authority created by the provisions
of the Town Law of the State of New York that to permit or allow or cause
to be permitted or allowed the discharge or escape into the open air of such
quantities of dense smoke, cinders, soot, dust, noxious gases, offensive odors,
trade wastes and other pollutions with inadequate regulations is a menace
to the health, safety, morals, welfare and reasonable comforts of the citizens
of the town; and that the establishment and maintenance of proper standards
for the regulation of the same is essential to the public welfare. Therefore,
the provisions hereinafter prescribed to provide adequate regulations with
respect thereto are enacted and their necessity in the public interest is
hereby declared as a matter of legislative determination.
It is the purpose of this chapter to regulate the emission of thick
or dense smoke, cinders, soot, dust, noxious gases, offensive odors, trade
wastes and other pollutions within the corporate limits of the Town of Eden.
A.
No person, firm or corporation, or any servant, agent
or employee of any person, firm or corporation, shall allow, suffer or cause
to be permitted the discharge or escape into the open air of such quantities
of smoke, cinders, soot, dust, noxious gases, offensive odors, trade wastes
and other pollutions in such a manner as to cause injury or nuisance to any
person or persons or to endanger the health or safety of any such person or
persons or in such manner as to cause injury or damage to business or property,
real or personal, or cause or permit soot, ash, dust, cinder or other material
to settle upon any private or public property of any nature in the Town of
Eden whereby damage results to any person or property.
B.
For the enforcement of this chapter, the emission for
three or more consecutive minutes in any one hour of smoke of the same or
a greater degree of darkness than that designated as No. 2 on the Ringelmann
Chart as published by the United States Bureau of Mines shall constitute prima
facie evidence of unnecessary smoke emission.
This chapter shall in no manner apply to chimneys of buildings used
exclusively for residential purposes.
Any person, firm or corporation violating any of the provisions of this
chapter shall be subject to a fine of not to exceed $250, imprisonment for
up to 15 days, or both, and each separate day shall constitute a separate
violation with a like penalty.
