[Adopted 2-23-2004 by L.L. No. 1-2004]
This article is adopted pursuant to the authority of Article
II, Section 10 of the Municipal Home Rule Law and Article IV, Section
4-412 of the New York State Village Law.
It is the intention of the Village Board of the Village of Malone,
by the adoption of this article, to establish and impose restrictions
upon the construction and operation of outdoor woodburning furnaces
within the limits of the Village for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity
of the Village 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 article, 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, or heating the water
for any such structure.
The construction and operation of outdoor woodburning furnaces
are hereby prohibited within the Village of Malone.
Any person who shall violate any provision of this article 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 article 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 article shall also be
subject to a civil penalty of not more than $500, to be recovered
by the Village in a civil action, and each week's continued violation
shall be for this purpose a separate and distinct violation. In the
event the Village is required to take legal action to enforce this
article, the violator will be responsible for any and all necessary
costs relative thereto, including attorney's fee, 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 Village Board of the Village of Malone or its enforcement
officers are hereby authorized in the name and on behalf of the Village
to undertake and prosecute any proceeding necessary or appropriate
to enforce compliance with this article.
The provisions of this chapter are severable, and the invalidity
of a particular provision shall not invalidate any other provisions.
This chapter shall take effect immediately upon
filing in the office of the Secretary of State.