[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Harbor 1-21-1970 by Ord. No. 17. Amendments noted where applicable.]
Nuisances — See Ch. 165.
It is the policy of the Village to maintain a reasonable degree of purity of its air resources, which shall be consistent with the public health and welfare and the public enjoyment thereof, the propagation and protection of flora and fauna, and the protection of physical property and other resources, and to that end to require the use of all available, practical and reasonable methods to prevent and control air pollution in the Village. It is also the policy of the Village to protect property and life from fire hazards and health hazards and to prohibit and prevent the unnecessary emission of smoke, noxious gases, deposits and other pollutants and to preserve and protect the property and the lives, health and safety, peace, good order, morals and general welfare of the Village and its inhabitants.
It is also 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, grass, weeds and other vegetation.
In these connections, and in furtherance of these policies, the Village has heretofore adopted an amended Building Zone Ordinance which limits commercial uses of land and which requires relatively low density of population, thereby 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 of Nassau and the State of New York.
It is noted that the Village is located in the northeastern section of Nassau County and is contiguous to other villages having similar low densities of population and that the prevailing winds in the Village are in the direction of other areas of low density of population and the waters and bays of Long Island Sound.
It is found that no adequate public or duly licensed disposal service for tree trimmings, tree cuttings, dead, fallen and felled trees, branches, brush, leaves, grass, weeds and other vegetation is presently available or readily available at a reasonable cost to the Village or to the residents thereof.
It is the purpose of this chapter to safeguard the air resources of the Village from pollution by controlling or abating air pollution existing when this chapter is enacted and preventing new air pollution, under a program which shall be consistent with the declaration of policy above stated, and at the same time to preserve and protect the property and the lives, health, safety, peace, good order and general welfare of the Village and its inhabitants.
When used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
- AIR CONTAINMENT
- Any particulate matter or any gas or any combination thereof, other than water vapor or natural air.
- Any device capable of causing the emission of air containment into the atmosphere and any stack connected or attached thereto or serving the equipment.
- FLUE-FED INCINERATOR
- Any incinerator served by a vertical charging flue.
- FUEL-BURNING EQUIPMENT
- Any furnace, boiler, water heater, device, mechanism, stack, structure, oven, stove, kiln, still, or other apparatus, other than a motor vehicle or motor boat, used to burn fuel or other combustible material.
- Waste resulting from distribution, preparation and serving of food.
- OPEN FIRE
- Any fire- or smoke-producing process wherein the combustion products are directly emitted into the atmosphere without passing through a stack.
- PARTICULATE MATTER
- Any liquid (other than water) or any solid which is so finely divided as to be capable of being wind-blown or of being suspended in air or other gas or vapor.
- Any individual, public or private corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- PORTABLE EQUIPMENT
- Any equipment, as defined herein, capable of being moved from place to place for temporary operation.
- Garbage, rubbish and trade wastes.
- REFUSE BURNING EQUIPMENT
- Any incinerator, device, equipment or other apparatus designed to burn refuse and other waste.
- Solid or liquid waste material, including paper, rags, ashes, furniture, tin cans, glass, crockery, demolition material, discarded automobiles, tires, automotive parts, paint and oils.
- Any conduit, chimney, duct, vent, or flue arranged to conduct gaseous or gas-borne products to the outer air.
- TRADE WASTES
- Combustible solid or liquid material resulting from construction, or any business, trade, or industry operations, but not limited to the following materials: plastics, cartons, chemical paints, greases, oils, other petroleum products, sawdust, dead animals and dead fowl.
No person shall burn any garbage, rubbish or trade wastes whatsoever in any open fire or in any fuel-burning equipment, fuel-fed incinerator or refuse-burning equipment through any stack in the Village except to the extent and as permitted by the provisions of § 88-6 hereof, and no person shall burn any tree trimmings, tree cuttings, fallen branches, brush, leaves, grass, weeds or other material except in conformity with, to the extent and as permitted by the provisions of § 88-5 hereof.
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.
Burning of tree trimmings, tree cuttings, dead, fallen and felled trees, branches, brush, leaves, grass, weeds and other vegetation, provided that:
Such burning shall be carried out in such a location and at such a time as the wind direction is away from densely populated areas and the smoke does not blow directly to any neighboring residence.
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.
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 nor to create a nuisance.
There shall be no burning on any public street in the Village.
Any person who shall be the occupant of any building which constitutes a lawful use under and otherwise complies with the provisions of Chapter 275, Zoning, of the Village Code and the State Building Construction Code may at any time heat, cook or maintain fires in open fireplaces in any chimney in any such building by burning or using oil, gas, coal, wood, paper, electricity or other fuel used for any such purposes through any furnace, water heater, device, mechanism, stack, structure, oven, stove, kiln or other apparatus.
No person shall, however, cause or permit the use of a kind or grade of fuel in any such apparatus which is not designed to burn that kind or grade of fuel.
No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency vehicle, to idle for longer than three consecutive minutes while parking, standing or stopping (as such terms are defined in the Vehicle and Traffic Law) anywhere in the Village unless the engine is being used to operate a loading, unloading or processing device.
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 Board of Trustees to prevent air contaminants from becoming airborne. The Building Inspector shall impose such conditions and restrictions in the issuance of building and road construction permits as the Board of Trustees shall at any time and from time to time find necessary to prevent air contaminants from becoming airborne.
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 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.