[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
147a Ringlemanns Scale Density of Smoke
[Adopted 10-8-1945 (Ch. 61, Art. II of the 1971 Code)]
[Amended 10-24-1949]
Any person, firm or corporation who owns, operates, manages or is engaged in work in the City of Middletown in a tannery, fur or animal-skin processing plant, or other place of business wherein annual skins are tanned, cured, cleaned, finished, altered or manufactured in any way, or any plant, factory or other place of business wherein paint, paint spray, dust or other material is sprayed, used or shot into the air, shall comply with the following regulations:
A. 
All fleshings, hair and waste of every kind and nature shall be removed from the premises daily and delivered to the municipal incinerator plant, and pending removal and while same remains on the premises each day, the same shall be kept in securely enclosed containers.
B. 
No refuse or waste material of any kind or nature from any such place of business shall be allowed to remain upon the premises for more than 24 hours at any one time.
C. 
No refuse or waste material of any kind or nature shall be discharged from such premises into any stream or watercourse.
D. 
No hair, particles of buffing, sawdust, dust, paint, paint spray, mist or other material of any kind shall be permitted to be discharged into the air from such premises.
E. 
Fleshings, hair or parts of skin or hides shall not be burned upon the premises.
Any person, firm or corporation who owns, operates, manages or is engaged in work in the City of Middletown in a dehydrating or vegetable-processing industry shall comply with the following regulations:
A. 
No air from the dehydrators or rooms where vegetable products are prepared or processed shall be discharged or exhausted into the atmosphere.
B. 
Any and all air which may be discharged or exhausted into the atmosphere shall be so treated or processed as to be completely deodorized or free from any offensive or objectionable odors.
C. 
All refuse or waste material of every kind and nature shall be removed from the premises daily, and pending removal, and while the same remains on the premises, the same shall be kept in securely enclosed containers.
D. 
No refuse or waste material of any kind or nature from any such place of business shall be allowed to remain upon the premises for more than 24 hours at any one time.
All such establishments, manufactories or places of business shall be kept clean and wholesome so as not to be offensive or prejudicial to public health; nor shall any offensive or deleterious waste substances, gas, tar sludge, refuse or injurious matter be allowed to accumulate upon the premises or to be thrown or allowed to run into any public waters, stream, watercourse, street or public place, and every person or company conducting such manufacture or business shall use the best approved and all reasonable means to prevent the escape of smoke, gases and odors and to protect the health and safety of all operatives employed therein.
[Amended 3-8-1999]
Any person, firm or corporation who, as owner or operator or manager of such plant or place of business, violates any of the foregoing regulations shall be shall be guilty of an offense within the meaning of the Penal Law of the State of New York and shall be subject to a fine of not less than $100 nor more than $500 and/or up to 15 days in jail, and each day on which such violation occurs or continues shall constitute a separate offense.
[Adopted 3-13-1950 (Ch. 61, Art. I of the 1971 Code)]
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER
As used in this article, shall mean the Commissioner of Public Works of the City of Middletown, New York.
DENSE SMOKE
As used in this article, shall mean that smoke which has a density of No. 2 or greater as established by the Ringelmann Chart, hereinafter referred to and adopted.
PERSON, FIRM or CORPORATION
As used in this article, shall mean any individual, partnerships, firms, associations, companies, corporations, syndicates or other group or groups of organized or unorganized individuals who may employ, own, use or operate any fuel-consuming device.
RINGELMANN CHART
As used in this article, shall be that standard published by the United States Bureau of Mines to determine the density of smoke, as hereinafter set forth in full in § 147-8 of this article.
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 Ringelmann Chart, published by the United States Bureau of Mines, the standards of which are hereby fully adopted by the enactment of this article and set forth in full in § 147-8 herein. The emission of such dense smoke is declared to be a public nuisance and may be summarily abated by the Commissioner or by anyone whom he may designate for such purpose. Such abatement may be in addition to the fines and penalties hereinafter provided. This section shall not be applicable to the circumstances set forth in § 147-7 herein.
The provisions of § 147-6 of this article shall not be applicable:
A. 
To private residences in which no more than one family is or can be housed. To all larger dwellings of whatever type, however, this article shall be fully effective and applicable.
B. 
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 Ringelmann Chart shall be permitted for a period of not to exceed six minutes in any single period of 60 minutes.
The standard by which the density of smoke is to be measured will be the Ringelmann Chart, published by the United States Bureau of Mines. This chart appears as follows: (See following page.) Use of the chart will be made by placing it at such distance from the observer so that the squares appear as even shades of coloring or when no white spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than 100 feet nor more than 1/4 mile from the smoke observed.
It shall be unlawful for any person, firm or corporation to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes, smoke 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 such 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. The escape of such matter is declared to be a public nuisance and may be summarily abated by the Commissioner or by anyone whom he may designate for such purpose. Such abatement may be in addition to the fines and penalties hereinafter provided.
The Commissioner of Public Works or such other person as he may designate shall have the duty of enforcing all the provisions of this article.
Any person, firm or corporation interfering in any manner or impeding the performance of duty of the Commissioner shall be subject to the penalties hereinafter provided for the violation of the provisions of this article. This section shall likewise apply to the performance of duty of those employees and representatives of the Commissioner.
[Amended 3-8-1999]
Any person who violates any of the provisions of this article or fails to comply therewith shall be shall be guilty of an offense within the meaning of the Penal Law of the State of New York and shall be subject to a fine of not less than $100 nor more than $500 and/or up to 15 days in jail, and each day on which such violation occurs or continues shall constitute a separate offense. The owner or owners of any building, structure or part thereof where any violation of this article shall exist, and any engineer, superintendent or any other person who may be employed or assist in the commission of any such violation, and any and all persons who shall knowingly violate any of the provisions of this article or fail to comply therewith, or any requirements thereof, or who shall knowingly violate or fail to comply with any order or regulation made herein, shall be severally liable for each and every such violation and noncompliance. The application of the above penalty shall not be held to prevent the abatement of prohibited conditions.