[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck 10-18-1967 as Ord. No. 28. Sections 27-4 and 27-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Building Zone Ordinance — See Ch. 129.
It is hereby declared to be the policy of the Incorporated Village of Mill Neck to maintain a reasonable degree of purity of its air resources to the same extent it is the like policy of the State of New York, as set forth in § 1265 of the Public Health Law, of New York, and to the same extent, not inconsistent with state law, it is the like policy of the County of Nassau, as set forth in Section 9-21.0 of Title D of Chapter IX of the Nassau County Administrative Code, as adopted by Nassau County Local Law No. 1-1967. In this connection and in furtherance of this policy, this village has heretofore adopted an amended Building Zone Ordinance which limits commercial uses of land and requires relatively low density of population, thereby greatly reducing possible sources of air pollution within the village to the betterment of the air resources of not only the village but also the county and the state.
It is hereby declared also to be the policy of the village to protect property and life from the hazard of fire which is found to be increased by accumulations, in the many open and wooded areas of the village, of tree trimmings, tree cuttings, dead, fallen and felled trees, branches, brush, leaves, grass, weeds and other vegetation. It is expressly found that no public or private disposal service for tree trimmings, tree cuttings, dead, fallen and felled trees, branches, brush, leaves, grass, weeds and other vegetation is presently available at a reasonable cost to the village or to the residents thereof.
It is noted that the village is located in the northeastern section of Nassau County and is contiguous to other villages having similar low density of population. It is found that the prevailing winds in the village are over areas of low density of population or over the waters and bays of Long Island Sound.
It is the purpose of this chapter to safeguard the air resources of the village, in the same manner as set forth in § 1266 of the Public Health Law of New York and Section 9-21.1 of the Nassau County Administrative Code, as adopted by Nassau County Local Law No. 1-1967, consistent with the foregoing declaration of village policy.
The definitions set forth in § 1267 of the Public Health Law of New York and, to the extent not inconsistent therewith, in Section 9-21.2 of the Nassau County Administrative Code shall apply, as appropriate, to said Public Health Law, Administrative Code and this chapter.
Except as hereinafter provided and to the extent not inconsistent with the Public Health Law of New York, the provisions of Title D, Chapter IX, of the Nassau County Administrative Code, as adopted by Nassau County Local Law No. 1-1967, as amended, are hereby adopted by reference and may be enforced by the appropriate state and county officials as well as by the appropriate authorities of the village.
Burning of wood, charcoal, peat, paper and coal in fireplaces and stoves in any structure in the village is permissible, provided that:
Such fireplaces and stoves have chimneys and flues which are kept clean so as not to cause chimney fires.
Such structure and such fireplaces or stoves and their chimneys and flues comply with the provisions of the Building Zone Ordinance of the village and the state Building Construction Code.
Such burning may be started, but not maintained, by the use of oil or gas in small quantities.
Any coal used in such fires complies with the requirements of Sections 9-21.62 and 9-21.64 of the Nassau County Administrative Code.
When not temporarily prohibited for fire protection reasons by the State Commissioner of Conservation, the police, local fire wardens or other fire prevention officials, the following types of open burning are permissible:
Outdoor grills and fireplaces for the purpose of preparing food.
Campfires and fires used solely for recreation purposes, burning wood only, where such fires are properly controlled by a responsible person in attendance at all times such fires are burning and where no nuisance is created.
Backyard burning of tree trimmings, tree cuttings, dead, fallen and felled trees, branches, brush, leaves, grass, weeds and other vegetation which has grown or has been deposited by natural causes on the lot or parcel of land where the burning shall take place, provided that:
Such burning on improved parcels of land shall not occur within the minimum front, side or rear yards required for a principal dwelling in the zoning district in which such lot or parcel is situated.
The prevailing winds at the time of such burning are away from densely populated areas and away from the nearest street.
The Commissioner of Health of the State of New York has not announced a period of high air pollution potential.
Dirt is removed from stumps and other wood before burning.
Gasoline, kerosene, oil, rubber or other combustible materials (except wood) are not used to start or maintain such burning, except that small amounts of kerosene may be used for starting the same.
Such burning is properly controlled by a responsible person in attendance at all times that there are flames or hot embers in the area of such burning.
Such burning is restricted to an area of 400 square feet at any one time.
Such burning is conducted so as not to endanger any property or person.
Such burning is of trees, brush or vegetation permitted to be cut by the Building Zone Ordinance or other applicable ordinance of the village.
Any act or commission contrary to any provision of this chapter shall constitute a violation thereof. In particular, and not in limitation of the foregoing, open backyard burning that extends beyond an area of 400 square feet at any one time, that extends to the property of a person other than the person starting the same, that sets fire to any structure, vehicle or person, that is on any public or private street or highway, that obstructs vision on any public or private street or highway or that consists of material other than wood, leaves or vegetation shall constitute a violation of § 27-6 of this chapter.
Subject to such conditions as may be reasonably imposed, the Board of Trustees may grant a variance from the provisions of this chapter and suspend the enforcement thereof as to any person who shall show, in the case of such person and of the activity which such person then proposes to operate, that a compliance by such person would constitute an undue hardship on such person or present practical difficulties for such person and would be out of proportion to the benefits to be obtained thereby; provided, however, that such variance shall not be granted where the person applying therefor will cause air pollution which constitutes a health hazard; and provided, further, that any variance so granted shall not be so construed as to relieve such person from any liability imposed by any other law or ordinance for the commission or maintenance of a nuisance.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.