This chapter is adopted pursuant to the authority of Article
2, § 10, of the Municipal Home Rule Law and § 64
of the New York State Town Law.
It is the intention of the Town Board of the Town of Dickinson
by the adoption of this chapter to establish and impose restrictions
upon the construction and operation of outdoor woodburning furnaces
within the limits of the Town for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the Town 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:
OUTDOOR WOODBURNING FURNACE
An accessory structure, designed and intended, through the
burning of wood, for the purpose of heating the principal structure
or any other site structure on the premises.
The construction and operation of outdoor woodburning furnaces
is hereby prohibited within the Town of Dickinson.
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
a separate and distinct offense.
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 Town in a civil action, and each week's continued violation
shall be for this purpose a separate and distinct violation. In the
event that the Town is required to take legal action to enforce this
chapter, the violator will be responsible for any and all necessary
costs relative thereto, including attorneys' fees, and such expense
shall be charged to the property so affected by including such expense
in the next annual tax levy against the property.
The Town Board of the Town of Dickinson or its enforcement officer
is hereby authorized in the name and on behalf of the Town to undertake
and prosecute any proceedings necessary or appropriate to enforce
compliance with this chapter.