Outdoor woodburning furnaces (e.g., outdoor hydronic heaters)
can generate heavy smoke, offensive odors, dangerous particulates
and emissions and can present potential adverse impacts to human health
and air quality. It is the purpose and intent of this chapter to minimize
these impacts and to protect, preserve and safeguard the public health,
safety and welfare of the residents of the Village of Hudson Falls
and protect and preserve the value of real property in the Village
of Hudson Falls.
As used in this chapter, the following terms, phrases, words
and their derivations shall have the meanings indicated:
CLEAN WOOD
Wood that has not been treated with paint, stains or other
types of coatings or chemicals.
NUISANCE CONDITION
A condition caused through the allowance of emissions or
air contaminates in the outdoor atmosphere in such a quantity, characteristic
or duration that may be injurious to human, plant or animal life or
to property or that unreasonably interferes with the comfortable enjoyment
of life or property.
OUTDOOR WOODBURNING FURNACE
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 or hot water for an interior space.
No person shall install, affix, situate or operate or cause
to be installed, affixed, situated or operated an outdoor woodburning
furnace in the Village of Hudson Falls.
The use of prohibited fuels, as that term is defined herein,
in the operation or use of any outdoor woodburning furnace is unlawful
and shall constitute a violation of this chapter.
Failure to comply with any of the provisions of this chapter
shall constitute a violation of this chapter and, upon conviction
thereof, shall be punishable by a fine of not more than $500 or imprisonment
for a period of not more than 10 days, or both, for the first offense.
Any subsequent offense shall be punishable by a fine of not more than
$1,000 or imprisonment for a period of not more than 30 days, or both.
Each day that a violation occurs shall constitute a separate offense.
The owner(s) of the 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 woodburning furnace is located until paid in full.
Nothing contained herein shall authorize or allow burning which
is prohibited by codes, laws, ordinances, rules or regulations promulgated
by the United States Environmental Protection Agency or any other
federal, state, regional or local agency. Outdoor woodburning furnaces
and any electrical, plumbing or other apparatus or device used in
connection with outdoor woodburning furnaces shall be installed, operated
and maintained in conformity with the manufacturers' specifications
and any and all federal, state and local codes, laws, ordinances,
rules and regulations. In case of a conflict between any provision
of this chapter and any applicable federal, state or local codes,
laws, ordinances, rules or regulations, the more restrictive or stringent
provision or requirement shall prevail.
Should any section or provision of this chapter be deemed to
be unconstitutional or invalid by a court of law, such decision shall
not affect the validity of this chapter as a whole or any part thereof,
other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect upon filing in the office of
the New York State Secretary of State.