As used in this chapter, the following terms
shall have the meanings indicated:
STACK
Includes chimney, smokestack, open fire structure or opening
of any kind whatsoever capable of emitting smoke.
The unlawful emission of smoke, soot, cinders,
fly ash, noxious acids, fumes or gases from each stack shall constitute
a separate 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.