[HISTORY: Adopted by the Common Council of the City of Kingston 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 9 of the 1984 Code. Amendments noted where applicable.]
The Fire Department of the City of Kingston is hereby charged with the duty of investigating, preventing and abating air pollution and the emission of dense smoke within the city and enforcing the provisions of this chapter.
The following words when used in this chapter shall have the following meanings:
- DENSE SMOKE
- Smoke that cannot be seen through at the point of emission.
- DUST and CINDERS
- Gas-borne particles larger than one micron in mean diameter.
- Combustible materials, solid, liquid or gaseous, used primarily either to kindle or sustain fire or produce heat, including refuse to be consumed in refuse-burning equipment.
- FUEL- OR REFUSE-BURNING PLANT, EQUIPMENT OR DEVICE
- Any furnace, incinerator, engine, boiler, vessel, steam roller, derrick, pile driver, dredge, tar kettle, apparatus, device, mechanism, stack or structure used in the process of burning fuel.
- FUMES, GASES, NOXIOUS ACIDS
- Gases or vapors that are of such character as to create an uncleanly, destructive, offensive or unhealthful condition or a nuisance.
- An individual, a partnership, a corporation, a receiver, an association, an executor, an administrator, a trustee, a guardian or an agent.
- SOOT AND FLY ASH
- Agglomerated particles consisting essentially of carbonaceous material.
- A chimney, open fire, smokestack, structure or opening of any kind for purposes of discharging or which does discharge smoke, dust, soot, cinders, fly ash, noxious acids, fumes or gases into the open air.
The production or emission of dense smoke within the city is prohibited, and it is hereby declared to be a nuisance and may be abated by the Fire Department of the City of Kingston in the manner provided by law. The following exceptions to the provisions of this section shall be permitted:
In the event of upset fire conditions or breakdowns of equipment which are unavoidable and beyond the ordinary control of the person operating a fuel- or refuse-burning device, dense smoke shall be permitted for one period of not more than five minutes during an one hour; or
When a firebox is being cleaned out or a new fire being built therein, dense smoke shall be permitted for one period of not more than 10 minutes in any one calendar day or for two periods of not more than six minutes in any one calendar day.
The emission from any stack or premises within the city into the open air of such quantities of dust, soot, cinders, fly ash, noxious acids, fumes or gases so as to cause injury or detriment to persons or to the public, or to endanger the comfort, health or safety of any person or the public, or in such manner as to cause injury or damage to business or property, is prohibited. The emission of injurious quantities of dust, soot, cinders, fly ash, noxious acids, fumes or gases from any stack or premises is hereby declared to be a nuisance and may be abated in the manner provided by law.
Upon the furnishing of satisfactory proof that the necessary steps have been taken to provide for compliance with the provisions of this chapter and to correct violations thereof, but that the proper equipment or device cannot be obtained immediately, the proper authority may grant, in his discretion, a grace period not to exceed three months from the date of the violation of this chapter, to obtain and install the necessary equipment or device. During any period of grace granted by the proper authorities, violations resulting from the inability to obtain the necessary equipment or device shall not be punishable by the fines or penalties hereinafter provided.
Fuel-burning equipment or devices installed to heat buildings used exclusively for private residences and containing more than six dwelling units or flats shall be equipped with efficient smoke-elimination apparatus unless such equipment or device is fueled with anthracite coal, coke, gas or other smokeless fuel.
Editor's Note: As to heating of multiple residences, see Ch. 261, Heating of Multiple Residences.
The agents or employees of the Fire Department of the City of Kingston shall be permitted to enter any premises within the city and inspect said premises where the fuel- or refuse-burning plant, equipment or device is therein located, at all reasonable hours for the purpose of administering and enforcing the provisions of this chapter.
No person shall in any manner hinder, obstruct, delay, resist, prevent or interfere with the agents or employees of the city while administering or enforcing the provisions of this chapter, nor refuse them entrance to the premises for that purpose.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be liable to a fine or penalty of not more than $100 for each violation or imprisonment for not more than 30 days, or both.
Each unlawful emission of dense smoke, dust, soot, cinders, fly ash, noxious acids, fumes or gases shall constitute a separate violation.
A person participating in any such violation either as owner, proprietor, lessee, agent, tenant, manager, superintendent, captain, engineer, fireman or janitor or otherwise shall be liable therefor and subject to the fines or penalties fixed by this chapter.
This chapter shall take effect immediately.