[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 4-24-1972, as Art. II of Ch. 9 of the Code of Ordinances (1972). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes chimney, smokestack, open fire structure or opening of any kind whatsoever capable of emitting smoke.
Prohibition. The production or emission within the Village of dense smoke or the burning of leaves, refuse, trash or any other materials is prohibited, and it is hereby declared to be a nuisance and may be summarily abated by the designated official of the Village. Such abatement may be in addition to the fines and penalties hereinafter provided.
Ringelmann Chart adopted. 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 by reference, shall be the standard. Smoke shall be considered dense when it is equal to or of greater density than No. 2 of said chart.
Exception. An exception to the provisions of this section shall be permitted when a firebox of a locomotive is being cleaned out or a new fire is being built therein, in which case smoke shall be permitted of a density of one degree less than No. 3 smoke or less for a period of 75 seconds in any one five-minute period.
Compliance required. All persons violating any of the provisions of this section shall be subject to the fines and penalties hereinafter provided. All persons participating in any such violation, either as owners, proprietors, lessees, agents, tenants, managers, superintendents, captains, engineers, firemen or janitors, or otherwise, shall severally be liable therefor and subject to the fines and penalties fixed for violations of this chapter.
Locomotives. The emission of dense smoke within the Village from the stack of any locomotive after it is in service or ready for service, except for a period or periods aggregating two minutes or less of a density of No. 2 smoke in any period of eight minutes, or one minute or less of a density of No. 3 smoke in any period of eight minutes, or 30 seconds or less of a density greater than No. 3 smoke in any period of four minutes, is prohibited and is hereby declared to be a nuisance and may be summarily abated by the designated official of the Village or any assistant he may designate. Such abatement may be in addition to the fines and penalties provided.
Boats and tugs. The emission of dense smoke within the Village from the stack of any boat or tugboat, except for a period of or for periods aggregating five minutes or less of a density of No. 2 smoke in any period of 15 minutes, or two minutes or less of a density greater than No. 2 smoke in any period of 15 minutes, is prohibited and is hereby declared to be a nuisance and may be summarily abated by the designated official of the Village or any assistant he may designate. Such abatement may be in addition to the fines and penalties provided.
Prohibition. No person shall cause or allow the escape from any stack into the open air of such quantities of soot, cinders, noxious acids, fumes or gases in such place or manner as to cause injury, detriment or nuisance to any person or to the public or to endanger the comfort, health or safety of any such person or to the public health, or in such manner as to cause or have a tendency to cause injury or damage to business or property.
Fly ash: reduction required. No person shall operate or cause to be operated, maintain or cause to be maintained any furnace or combustion device for the burning of fuel without maintaining and operating, while using said furnace or combustion device, recognized and approved equipment, means, methods, devices or contrivances to reduce the amount of fly ash emitted into the open air, which is operated in conjunction with said furnace or combustion device, so that the quantity of fly ash shall not exceed 0.75 grain per cubic foot of flue gas at a stack temperature of 500º F., of which amount not to exceed 0.2 grain per cubic foot shall be of such size as to be retained on a 325-mesh United States Standard sieve; provided, however, that locomotives equipped with front-end screens meeting Interstate Commerce Commission specifications shall be deemed a compliance herewith. These conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% of full load.
Measurement; test adopted. The foregoing requirements shall be measured by the methods outlined in the Tentative Test Code for dust-separating apparatus of the American Society of Mechanical Engineers, which is hereby made a part of this chapter by reference and a copy of which is and shall remain on file in the office of the Village Clerk.
Nuisance declared. The escape of soot, cinders, noxious acids, fumes, gases or fly ash, as herein prohibited, is hereby declared to be a nuisance and may be summarily abated by the authorized official of smoke prevention or by anyone whom he may authorize for such purpose. Such abatement may be in addition to the fines and penalties herein provided.
Effect of violation. Any person violating any of the provisions of this section shall be subject to the fines and penalties provided for violators of this chapter. All persons participating in any such violation, either as owners, proprietors, lessees, agents, tenants, managers, superintendents, captains, engineers, firemen or janitors, or otherwise, shall severally be liable therefor and subject to the fines and penalties fixed for violations of this chapter.
The unlawful emission of smoke, soot, cinders, fly ash, noxious acids, fumes or gases from each stack shall constitute a separate offense.
Notice required. After any owner, agent, occupant, manager or lessee of any premises has been previously notified of three or more violations of this chapter within any consecutive three-month period in respect to the emission of dense smoke, soot, cinders, noxious acids, fumes, gases or fly ash, the owner, agent, occupant, manager or lessee of said premises shall be notified to show cause before the designated official of the Village on a day certain, not less than 10 days from the date of notice, why the equipment causing such violations should not be sealed. The notice herein provided for may be given by mail directed to the last known address of the party to be notified, or if said party or his whereabouts is unknown, then by posting a notice on or near the premises at which the violations shall have occurred.
Hearing authorized. Upon said date said violator may appear and be heard.
Equipment to be sealed. Upon such hearing, if the authorized official finds that adequate corrective means and methods have not been employed to correct the cause of such condition, then it shall be his duty to seal said equipment until such time as a permit and certificate as herein provided have been applied for and issued for such plant.
Use of sealed equipment. It shall be unlawful for any person to break a seal of any refuse-burning equipment, any boiler or any equipment or device producing heat and power that has been duly sealed by an authorized official, unless authorized by the authorized official in writing.
Duty. The owner or operator of every power and heating plant, except those in which the only fuel is gas and except buildings used for private residences containing less than 10 dwellings, units or flats, shall provide means whereby the fireman may be enabled to know, without leaving the boiler or furnace room, whether or not prohibitive smoke is issuing from the stack, so that possible necessary correction may be made at the time. Such means of observation shall be as follows:
Effect of violation. Any person who violates the provisions of this section shall be subject to the fines and penalties provided for each offense.
Any person who shall refuse to comply with or who shall assist in the violation of any of the provisions of this chapter or who in any manner hinders, obstructs, delays, resists, prevents or in any way interferes or attempts to interfere with the authorized officials of smoke prevention or smoke prevention inspectors or police officers in the performance of any duty herein enjoined, or shall refuse to permit such inspectors or officers to perform their duty by refusing them, or either of them, entrance at reasonable hours to any premises in which the provisions of this chapter are being violated, or refuse to permit the inspection or examination of such building, establishment, premises or enclosures for the purpose of the enforcement of this chapter, shall be subject to the fines and penalties herein provided.
Where a violator of the provisions of this chapter with respect to the emission of smoke, soot, cinders, noxious acids, fumes, gases or fly ash produces evidence satisfactory to the authorized official of the Village that he has taken all steps necessary to provide for future compliance with the provisions of this chapter, but it appears that the acquisition of the proper device or equipment cannot be effected immediately, the authorized official shall have the discretion in proper cases to allow a period not to exceed three months from the effective date of the applicable provision or provisions of this chapter, within which time the device can be obtained, and a second three months for installation thereof. During said period of grace granted by the said proper officials, the violator of this chapter shall not be subject to the fines or penalties herein provided; provided, however, that where such violator fails in the time allowed to conform to the provisions of this chapter, he shall be subject to all the fines and penalties herein provided, dating from the date of the beginning of the period of grace permitted him.
The Village Board of Trustees shall direct and authorize any one of the Village officials or sanitary inspectors with the power to enforce this chapter.
The designated official of the Village shall have charge of the enforcement of all ordinances pertaining to smoke prevention and air pollution and institute proceedings for the violation thereof and shall have charge of the preparation and execution of educational plans for securing the cooperation of the public in the reduction of the emission of smoke and air pollution.
[Added 1-14-1991 by L.L. No. 1-1991; amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.