[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn
Harbor 1-21-1970 by Ord. No. 17. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
In these connections, and in furtherance of these policies,
the Village has heretofore adopted an amended Building Zone Ordinance[1] 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.
C.
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.
D.
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:
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.
Any incinerator served by a vertical charging flue.
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.
Any fire- or smoke-producing process wherein the combustion products
are directly emitted into the atmosphere without passing through a stack.
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.
Any equipment, as defined herein, capable of being moved from place
to place for temporary operation.
Garbage, rubbish and trade wastes.
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.
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:
A.
Outdoor grills and fireplaces for the purpose of preparing
food.
B.
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.
C.
Burning of tree trimmings, tree cuttings, dead, fallen
and felled trees, branches, brush, leaves, grass, weeds and other vegetation,
provided that:
(1)
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.
(2)
The Commissioner of Health of the State of New York has
not announced a period of high air pollution potential.
(3)
Dirt is removed from stumps and other wood before burning.
(4)
Gasoline, kerosene, oil, rubber or other combustible
materials (except wood) are not used to start or maintain such burning.
(5)
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.
(6)
Such burning is restricted to an area of 400 square feet
at any one time.
(7)
Such burning is conducted so as not to endanger any property
or person nor to create a nuisance.
(8)
There shall be no burning on any public street in the
Village.
A.
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.
B.
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.
