[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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
Hearing authorized. Upon said date said violator may
appear and be heard.
C.
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.
D.
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.
A.
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:
B.
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.