[HISTORY: Adopted by the Board of Trustees of the Village of Lake
Success 4-21-1975 as L.L. No. 3-1975.
Section 30-4A and C amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any liquid (other than water) or any solid which is so finely divided
as to be capable of becoming windblown or of being suspended in air or other
gas or vapor.
Any individual, public or private corporation, political subdivision,
agency, board, department or bureau of the state, or any political subdivision
of the state, municipal corporation, partnership, association, firm, trust,
organization, estate or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties, or any officer, agent or employee
of any of the foregoing.
A.
No person shall cause or permit particulate matter to
be handled, transported or stored in a manner which allows or may allow such
matter to become airborne, unless used with reasonable precaution for the
purpose for which it is intended.
B.
No person shall cause or permit a building or its appurtenances
or a road to be constructed, altered, repaired or demolished without taking
such precautions as may be required by the Commissioner to prevent particulate
matter from becoming airborne.
C.
No person, being the owner or having control thereof,
shall cause or permit open areas located within the boundaries of any real
property in the village to be maintained without taking reasonable precaution
to prevent particulate matter from becoming airborne.
[Added 11-21-1983 by L.L. No. 4-1983]
It shall be unlawful for any person to spray or otherwise apply pesticides
or other chemical substances, whether in a solid, liquid or gaseous state,
from an airplane, helicopter or other airborne device.
A.
Any person who shall violate or who fails to perform
any duty imposed by the provisions of this chapter shall be guilty of an offense
and, upon conviction thereof, shall be punished by a fine not to exceed the
sum of two hundred fifty dollars ($250.) or by imprisonment not to exceed
fifteen (15) days, or both. Each day of violation shall constitute a separate
offense.
[Amended 4-16-1979 by L.L. No. 1-1979[1]]
B.
The provisions of Subsection A hereof shall not be construed to exempt such person from any other action, prosecution or penalty provided by this chapter or any other applicable law or ordinance.
C.
This chapter is intended to provide additional
and cumulative remedies to prevent and abate air pollution and air contamination.
Nothing in this chapter shall abridge, limit or alter rights of actions now
or hereafter existing in the State of New York, County of Nassau or Town of
North Hempstead to suppress nuisances or to prevent or abate air pollution
or air contamination.[2]
