[HISTORY: Adopted by the Board of Trustees of the Village of New
York Mills 5-8-2007 by L.L. No. 7-2007.
Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 91.
This chapter is adopted pursuant to the authority of Article II, § 10
of the Municipal Home Rule Law and Article IV, § 4-412, of the New
York State Village Law.
It is the intention of the Village Board of the Village of New York
Mills by the adoption of this chapter to establish and impose restrictions
upon the construction and operation of outdoor multi-fuel furnaces within
the limits of the Village for the purpose of securing and promoting the public
health, comfort, convenience, safety, welfare and prosperity of the Village
and its inhabitants. It is generally recognized that the types of fuel used,
and the scale and duration of the burning by such furnaces create noxious
and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental
to citizens' health, and can deprive neighboring residents of the enjoyment
of their property or premises.
As used in this chapter, the following terms shall have the meanings
indicated:
An accessory structure, designed and intended, through the burning
of wood, wood pellets, oil, gas, coal, or any type of heating fuel, for the
purpose of heating the principal structure, or any other site structure on
the premises.
The construction and operation of outdoor multi-fuel furnaces are hereby
prohibited within the Village of New York Mills.
Any person who shall violate any provision of this chapter shall be
guilty of a violation as defined in Article 10 of the Penal Law and shall
upon conviction be subject to a fine of not more than $250 or to imprisonment
for not more than 15 days or both such fine and imprisonment. Each week's
continued violation shall constitute separate and distinct offenses.
Compliance with this chapter may also be compelled and violations restrained
by order or by injunction of a court of competent jurisdiction. Any person
who violates any provision of this chapter shall also be subject to a civil
penalty of not more than $500, to be recovered by the Village in a civil action,
and each week's continued violation shall be for this purpose a separate
and distinct violation. In the event the Village is required to take legal
action to enforce this chapter, the violator will be responsible for any and
all necessary costs relative thereto, including attorney's fees, and
such expenses shall be charged to the property so affected by including such
expense to the next annual tax levy against the property.
The Village Board of the Village of New York Mills and/or its enforcement
officer are hereby authorized in the name and on behalf of the Village to
undertake and prosecute any proceedings necessary or appropriate to enforce
compliance with this chapter.
