[HISTORY: Adopted by the City Council of the City of Geneva 7-3-1968
as Ch. 59 of the 1968 Code. Amendments noted where applicable.]
The purpose of this chapter is to provide minimum standards to abate
air pollution through the emission of excessive amounts of smoke and other
noxious fumes and to provide penalties for violations thereof in order to
protect and promote public health, safety and welfare.
The following definitions shall apply as used in this chapter:
Smoke which has a density of No. 2 or greater as established by the
chart, hereinafter referred to.
An accessory structure, designed and intended, through the burning
of wood or other solid fuel, for the purpose of heating the principal structure
or any other site, building or structure on the premises.
[Added 10-4-2006 by Ord. No. 5-2006]
Standard by the United States Bureau of Mines to determine the density
of smoke, with instructions for use as now published by the United States
Bureau of Mines.
It shall be unlawful for any person, firm or corporation to permit the
emission of any smoke from any source whatever of a density equal to or greater
than that density described as No. 2 on the Ringlemann chart, published by
the United States Bureau of Mines.
The provisions of § 294-3 of this chapter shall not be applicable:
A.Â
To private residences in which no more than two families
are or can be housed. To all larger dwellings of whatever type,
however, this chapter shall be fully effective and applicable.
B.Â
When a fire box, furnace, boiler, locomotive or other
fuel-consuming device is being cleaned out and a new fire is being built therein,
in which event a smoke of a density greater than that described as No. 2 of
the Ringlemann chart shall be permitted for a period of not to exceed six
minutes in any single period of 60 minutes.
It shall be unlawful for any person to permit or cause the escape of
such quantities of soot, cinders, noxious acids, fumes and gases in such place
or manner as to be detrimental to any person or to the public or to endanger
the health, comfort and safety of any person or of the public, or in such
manner as to cause or have a tendency to cause injury or damage to property
or business.
It shall be unlawful for any person, firm or corporation to use or consume
in any solid fuel-burning equipment any solid fuel which does not meet the
standards of a smokeless solid fuel as set forth in this chapter. Smokeless
fuel for the purpose of the enforcement of this chapter shall be considered
a fuel, the volatile content of which is 20% or less on a dry basis. Provided,
however, that if a fuel contains volatile matter in excess of 20% on a dry
basis it shall be acceptable under the terms of this chapter, provided that
it meets the same standards in regard to smoke production as that of a fuel
containing less than 20% volatile matter on a dry basis, and provided further
that solid fuel having a volatile content in excess of 20% on a dry basis
and not meeting the above standard for smoke production, can also be used
or consumed in heating devices equipped with appliances which are so constructed
as to ensure the complete combustion of all fuel used and further designed
to prevent any and all air pollution prohibited by this chapter.
[Added 10-4-2006 by Ord. No. 5-2006]
The construction and operation of outdoor wood-burning furnaces are
hereby prohibited within the City of Geneva.
[Amended 10-4-2006 by Ord. No. 5-2006]
Any person who shall violate any provision of this chapter shall be
guilty of a violation as defined in Article 10 of the New York State Penal
Law and shall, upon conviction, be subject to a fine of not more than $250
or to imprisonment of not more than 15 days, or both such fine and imprisonment.
Each week's continued violations are constituted as separate and distinct
offenses.
