It is generally recognized that the types of fuel used and the
scale and duration of burning by outdoor 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. Certain measures of air
quality indicate that certain populations, including those suffering
from chronic lung diseases and cardiovascular diseases, may already
be at risk due to the air quality in Orange County. Therefore, with
the adoption of this chapter, it is the intention of the Town Board
of the Town of Newburgh to establish and impose restrictions upon
the operation of outdoor furnaces within the limits of the Town of
Newburgh for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and prosperity of the Town and
its inhabitants.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR FURNACE
Any accessory appliance, equipment device or equipment installed,
affixed or situated outside the building or structure it serves, designed
and intended, through the burning of wood and/or any other combustible,
for the purpose of heating the principal structure or any other site,
building or structure on the premises.
UNTREATED WOOD
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
The construction, installation and establishment of outdoor furnaces are hereby prohibited within the Town of Newburgh. No person shall install, construct or establish an outdoor furnace. Except as authorized pursuant to §§
128-7 and
128-8 of this chapter, no outdoor furnace shall be operated within the Town.
Any officer of the Town of Newburgh Code Compliance Department,
or any other person who may hereafter be designated by resolution
of the Town Board, 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.
Any person who shall violate any provision of this chapter shall
be guilty of a violation as defined in Article 10 of the New York
State 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, for the first offense. Any subsequent
offense within a period of three years shall be punishable by a fine
of not more than $500 or imprisonment for a period of not more than
30 days, or both. Each week's violation shall constitute a separate
and distinct offense.
The provisions of this chapter shall not apply to outdoor furnaces
necessary to farm operations within Agricultural (Taxing) Districts
to the extent the provisions unreasonably restrict farm operations.