[HISTORY: Adopted by the Town Board of the Town of Eden 12-1-1965. Amendments noted where applicable.]
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.
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.
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.