[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 5-12-2006 by L.L. No. 1-2006. Amendments noted where
applicable.]
This chapter shall be known as the "Village of Greenwood Lake
Outdoor Furnace Local Law."
Although outdoor furnaces may provide an economical alternative
to conventional heating systems, concerns have been raised regarding
the safety and environmental impacts of these heating devices, particularly
the production of offensive odors and potential health effects of
uncontrolled emissions.
As used in this chapter, the following terms shall have the
meanings indicated:
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space.
Dry wood which has been milled and dried but which has no
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
No person shall, operate, cause, allow or maintain the use of
an outdoor furnace within the Village of Greenwood Lake.
A.
Violations. A violation of this chapter is hereby declared to be
an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation. The owners
or occupants of premises upon which prohibited acts occur shall be
jointly and severally liable for violations of this chapter. Any fine
imposed hereunder shall constitute a lien upon the real property where
the outdoor furnace is located until paid.
B.
Appropriate Village actions. In case any outdoor furnace is erected,
constructed, reconstructed, altered, converted or maintained or any
outdoor furnace is used in violation of this chapter or of any ordinance
or other regulation made under authority conferred thereby, the proper
local authorities of the Village, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, conversation,
maintenance, use of an outdoor furnace(s); to restrain, correct or
abate such violation; to prevent the use of an outdoor furnace(s);
or to prevent any illegal act, conduct, business or use in or about
such outdoor furnace(s); and upon the failure or refusal of the proper
local officer, board or body of the Village to institute any such
appropriate action or proceeding for a period of 10 days after written
request by a resident taxpayer of the Village so to proceed, any three
taxpayers of the Village residing in the district wherein such violation
exists, who are jointly or severally aggrieved by such violation,
may institute such appropriate action or proceeding in like manner
as such local officer, board or body of the Village is authorized
to do.
