Cross Reference:
Animals and fowl — See Ch. 5.
Buildings and building regulations — See Ch. 6.
Fire prevention and protection — See Ch. 8.
Garbage, trash and refuse — See Ch. 10.
Plumbing Code — See Ch. 18.
Water and sewers and sewage disposal — See Ch. 23.
State Law Reference:
Public Health Law, § 1 et seq.; general powers of
Board of Trustees, Village Law, § 4-412.
[Ord. No. 32,
§§ 1-3, 8, 1-26-1948]
(a)
It shall be unlawful for any owner of any lot or land in the Village
to permit or maintain on any such lot or land any trees, shrubs or
bushes, or parts thereof, which are or may become infected or infested
with caterpillars, tent-caterpillars, insects, worms, maggots, parasites,
larvae or grub of lepidopterous insects or other creeping segmented
animals, which cause or tend to cause disease, destruction or damage
to such trees, shrubs or bushes by devouring the bark or foliage thereof
and which spread by passing from such trees, shrubs or bushes to other
trees, shrubs or bushes, thereby causing destruction and damage to
the property of others and becoming an unsightly and public nuisance.
(b)
Duty of owner. It shall be the duty of the owner of any lot or land
to destroy and remove by cutting, burning, spraying, killing or by
other effectual method all such caterpillars, tent-caterpillars, insects,
worms, maggots, parasites, larvae or grub of lepidopterous insects
or other creeping segmented animals which cause disease, destruction
or damage to such trees, shrubs or bushes or parts thereof as often
as may be necessary to comply with the provisions of the preceding
sections and shall cut and burn such trees, shrubs or bushes or parts
thereof as shall be so infected or infested as to constitute a menace
to other trees, shrubs or bushes.
(c)
When Village to do work. If the provisions of Subsection (b) are not complied with, the Village Clerk shall serve or cause to be served a written notice by mail upon the owner of any such lot or land requiring such owner to comply with the provisions thereof. If the person upon whom notice is served fails, neglects or refuses to comply with the provisions of Subsection (b) herein within five days after service of such notice or, if no person can be found in the Village who either is or claims to be the owner of such lot or land or either represents or claims to represent such owner, the Street Commissioner or other duly appointed officer or employee of the Village shall cause such caterpillars, tent-caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals to be destroyed and removed as directed by Subsection (b) hereof, by contracting with trained experts for such destruction or removal or by destroying or removing the same by other adequate means; and the actual cost thereof and any additional cost in connection therewith shall be paid by the owner of any such lot or land within 30 days after completion of such destruction or removal and, upon failure of such owner to pay such costs within 30 days, shall be certified by the Street Commissioner or other duly appointed officer or employee of the Village to the Village Assessor, and shall thereupon become and be a lien upon the lot or land on which such work was performed, and shall be added to become a part of the taxes next to be assessed and levied upon such lot or land and shall be collected and enforced in the same manner as taxes. The assessment of the cost of the work done by the Village shall be in addition to the penalties imposed herein for any violation or infraction of the provisions of this section.
(d)
Penalties. Any person, firm, individual, partnership or corporation violating any of the provisions of this section or who shall resist or obstruct the Street Commissioner or any person or persons employed by the Village in carrying out the provisions of this section shall, upon conviction, be punished by a penalty as prescribed in § 1-7, and each day upon which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person guilty of same shall be deemed a disorderly person.
[Ord. No. 32,
§§ 4-6, 8, 1-26-1948]
(a)
It shall be unlawful for any owner of any lot or land in the Village
to cause, suffer or allow ragweed, poison ivy or other poisonous or
harmful weeds or plants detrimental to health to grow on any such
lot or land.
(b)
It shall be unlawful for any owner of any lot or land in the Village
to cause to grow, suffer, maintain, cultivate or allow on such lot
or land any tree, shrub, bush or plant of any kind whose foliage,
blossoms or other outgrowth shall be or become dangerous, damaging
or detrimental to the health or property of other persons in the Village.
(c)
Duty of owner. It shall be the duty of the owner of any lot or land
to destroy and remove any and all such weeds, shrubs, trees and plants
as covered by the preceding subsections herein by cutting, burning,
spraying, killing or other effectual method as often as may be necessary
to comply with the terms of this section.
(e)
Penalties. Any person, firm, individual, partnership or corporation violating any of the provisions of this section or who shall resist or obstruct the Street Commissioner or any person or persons employed by the Village in carrying out the provisions of this section shall, upon conviction, be punished by a penalty as prescribed in § 1-7; and each day upon which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person guilty of same shall be deemed a disorderly person.
[Ord. No. 14,
§§ 1, 2, 4, 3-30-1931]
(a)
Prohibited. It shall be unlawful for any person, either as owner,
lessee, agent, tenant or otherwise to throw, cast or deposit or to
cause or permit to run, drop or remain or to be thrown, cast or deposited
any decomposable matter which might create a nuisance or act as a
breeding place for flies or as food for rats, discarded things capable
of holding water which might serve as a breeding place for mosquitoes,
or combustible matter which might serve to increase the fire hazard
of neighboring property in or upon any lot or land, body of water
or place within the Village, except at such place or places designated
or provided by the Building Inspector, provided that garbage, manure,
offal and other putrescible matter may be temporarily kept in suitable
cans, vessels, tanks or containers which are watertight and provided
with tightly fitting covers. Nothing in this section shall be construed
as to prohibit the depositing of manure upon private property for
the purpose of cultivating the same.
(b)
Notice of removal; removal. If the provisions of Subsection (a) are not complied with, the Building Inspector or Village Clerk shall serve written notice upon the owner, lessee or occupant, or any person having the care or control of any such lot or land, body of water or place, to comply with the provisions of this section. If the person upon whom the notice is served fails, neglects or refuses to comply with the provisions of the notice within five days after receipt thereof, or if the owner of such property or his representatives cannot be found in the Village, the Building Inspector or Village Clerk shall cause such substances or matter described in Subsection (a) to be removed or such nuisances to be suppressed and the actual cost of such work plus 5% for inspection and other additional costs in connection therewith shall be certified to the Assessor and shall thereafter become and be a lien upon the property on which such substances, nuisances or fire hazards existed and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
(c)
Penalty. Any person who violates any of the provisions of this section or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Building Inspector or Village Clerk or their employees in the removal of materials or substances or the abatement of nuisances or suppression of fire hazard shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be a disorderly person.
[Ord. No. 14,
§§ 3, 4, 3-30-1931]
(a)
It shall be unlawful to permit or allow in or upon vacant lots or
other premises any water to collect and lie stagnant in which mosquito
larvae breed or are likely to breed. Whenever the Building Inspector
shall determine that any accumulation of water, wherein mosquito larvae
breed, constitutes a nuisance or danger or injury to life or health,
he shall proceed to suppress such nuisance or remove such danger or
injury in the manner prescribed in the Public Health Law of the State
of New York.
(b)
Penalty. Any person who violates any of the provisions of this section or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Building Inspector or Village Clerk or their employees in the removal of materials or substances or the abatement of nuisances or suppression of fire hazards shall, upon conviction thereof be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be a disorderly person.
[L.L. No. 6-1993, § 2]
(a)
It shall be unlawful for any person to operate a tattooing business
or to tattoo a human being within the Village of Tuckahoe, except
that tattooing may be performed for medical purposes by a person licensed
or otherwise authorized pursuant to the New York State Education Law
to practice medicine or osteopathy.
(b)
A violation of the provisions of this section shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both. Each day any violation of this section shall continue
shall constitute a separate offense.
[1]
State Law Reference: New York State Air Pollution Control
Act, Environmental Conservation Law § 19-0101 et seq.
The word "stack" as used in this Article is defined to include
chimney, smokestack, open fire structure or opening of any kind whatsoever
capable of emitting smoke.
(a)
Prohibited. The production or emission within the Village of dense
smoke is prohibited, and it is hereby declared to be a nuisance and
may be summarily abated by the Village. Such abatement may be in addition
to the fines and penalties hereinafter provided.
(b)
Ringelmann Chart adopted. For the purpose of grading the density
of smoke, the Ringelmann Chart, as now published and used by the United
States Bureau of Mines, which is hereby made a part of this Article
by reference, shall be the standard. Smoke shall be considered dense
when it is equal to or of greater density than No. 2 of said chart.
(c)
Exception. An exception to the provisions of this section shall be
permitted when a firebox of a locomotive is being cleaned out or a
new fire is being built therein, in which case smoke shall be permitted
of a density of 1° less than No. 3 smoke or less for a period
of 75 seconds in any one five-period.
(d)
Compliance required. All persons violating any of the provisions
of this section shall be subject to the fines and penalties hereinafter
provided. All persons participating in any such violation, either
as owners, proprietors, lessees, agents, tenants, managers, superintendents,
captains, engineers, firemen or janitors or otherwise, shall severally
be liable therefor and subject to the fines and penalties fixed for
violations of this Code.[1]
The emission of dense smoke within the Village from the stack
of any locomotive after it is in service or ready for service, except
for a period or periods aggregating two minutes or less of a density
of No. 2 smoke in any period of eight minutes, or one minute or less
of a density of No. 3 smoke in any period of eight minutes, or 30
seconds or less of a density greater than No. 3 smoke in any period
of four minutes, is prohibited and is hereby declared to be a nuisance
and may be summarily abated by the authorized official of the Village
or any assistant he may designate. Such abatement may be in addition
to the fines and penalties provided.
(a)
Prohibited. No person shall cause or allow the escape from any stack
into the open air of such quantities of soot, cinders, noxious acids,
fumes or gases in such place or manner as to cause injury, detriment
or nuisance to any person or to the public or to endanger the comfort,
health or safety of any such person or to the public health or in
such manner as to cause or have a tendency to cause injury or damage
to business or property.
(b)
Fly ash reduction required. No person shall operate or cause to be
operated or maintain or cause to be maintained any furnace or combustion
device for the burning of fuel without maintaining and operating,
while using said furnace or combustion device, recognized and approved
equipment, means, methods, devices or contrivances to reduce the amount
of fly ash emitted into the open air, which is operated in conjunction
with such furnace or combustion device, so that the quantity of fly
ash shall not exceed 0.75 grain per cubic foot of flue gas at a stack
temperature of 500° F., of which amount not to exceed 0.2 grain
per cubic foot shall be of such size to be retained on a 325-mesh
US Standard sieve; provided, however, that locomotives equipped with
front end screens meeting Interstate Commerce Commission specifications
shall be deemed a compliance herewith. These conditions are to be
conformed to when the percentage of excess air in the stack does not
exceed 50% of full load.
(c)
Measurement; test adopted. The foregoing requirements shall be measured
by the methods outlined in the Tentative Test Code for dust separating
apparatus of the American Society of Mechanical Engineers, which is
hereby made a part of this Article by reference and a copy of which
is and shall remain on file in the office of the authorized official
of the Village.
(d)
Nuisance declared. The escape of soot, cinders, noxious acids, fumes,
gases or fly ash, as herein prohibited, is hereby declared to be a
nuisance and may be summarily abated by the authorized official of
smoke prevention or by anyone whom he may authorize for such purpose.
Such abatement may be in addition to the fines and penalties herein
provided.
(e)
Effect of violation. Any person violating any of the provisions of
this section shall be subject to the fines and penalties provided
for violators of this Code. All persons participating in any such
violation, either as owners, proprietors, lessees, agents, tenants,
managers, superintendents, captains, engineers, firemen or janitors,
or otherwise, shall severally be liable thereof and be liable therefor
and subject to the fines and penalties fixed for violations of this
Code.[1]
The unlawful emission of smoke, soot, cinders, fly ash, noxious
acid, fumes or gases from each stack shall constitute a separate offense.
(a)
Notice required. After any owner, agent, occupant, manager or lessee
of any premises has been previously notified of three or more violations
of this Article within any consecutive three-month period, in respect
to the emission of dense smoke, soot, cinders, noxious acids, fumes,
gases or fly ash, the owner, agent, occupant, manager or lessee of
said premises shall be notified to show cause before the authorized
official of the Village on a day certain, not less than 10 days from
the date of notice, why the equipment causing such violations should
not be sealed. The notice herein provided for may be given by mail
directed to the last known address of the party to be notified; or
if said party or his whereabouts is unknown, then by posting a notice
on or near the premises at which the violations shall have occurred.
(b)
Hearing authorized. Upon said date said violator may appear and be
heard.
(c)
Equipment to be sealed. Upon such hearing, if the authorized official
finds that adequate corrective means and methods have not been employed
to correct the cause of such condition, then it shall be his duty
to seal said equipment until such time as a permit and certificate
as herein provided have been applied for and issued for such plant.
(d)
Use of sealed equipment. It shall be unlawful for any person to break
a seal of any refuse-burning equipment, any boiler or any equipment
or device producing heat and power that has been duly sealed by an
authorized official unless authorized by the authorized official in
writing.
(a)
Duty. The owner or operator of every power and heating plant, except
those in which the only fuel is gas, and except in buildings used
for private residences containing less than 10 dwellings, units or
flats, shall provide means whereby the fireman may be enabled to know,
without leaving the boiler or furnace room, whether or not prohibitive
smoke is issuing from the stack, so that possible necessary correction
may be made at the time. Such means of observation shall be as follows:
Any person who shall refuse to comply with or who shall assist
in the violation of any of the provisions of this Article, or who
in any manner hinders, obstructs, delays, resists, prevents or in
any way interferes or attempts to interfere with the authorized officials
of smoke prevention or smoke prevention inspectors or police officers
in the performance of any duty herein enjoined, or shall refuse to
permit such inspectors or officers to perform their duty by refusing
them, or either of them, entrance at reasonable hours to any premises
in which the provisions of this Article are being violated, or who
refuses to permit the inspection or examination of such building,
establishment, premises or enclosures for the purpose of the enforcement
of this Article, shall be subject to the fines and penalties herein
provided.[1]
Where a violator of the provisions of this Article, with respect
to the emission of smoke, soot, cinders, noxious acids, fumes, gases
or fly ash, produces evidence satisfactory to the authorized official
of the Village that he has taken all steps necessary to provide for
future compliance with the provisions of the Article, but it appears
that the acquisition of the proper device or equipment cannot be effected
immediately, the authorized officials shall have the discretion in
proper cases to allow a period not to exceed three months from the
effective date of the applicable provision or provisions of this Article,
within which time the device can be obtained, and a second three months
for installation thereof. During said period of grace granted by the
said proper officials, the violator of the Article shall not be subject
to the fines or penalties herein provided; provided, however, that
where such violator fails in the time allowed to conform with the
provisions of this Article, he shall be subject to all the fines and
penalties herein provided, dating from the date of the beginning of
the period of grace permitted him.
The Village Board of Trustees shall direct and authorize any
one of the Village officials or sanitary inspectors with the power
to enforce this Article.
The authorized official of the Village shall have charge of
the enforcement of all ordinances pertaining to smoke prevention and
air pollution and institute proceedings for the violation thereof
and shall have charge of the preparation and execution of educational
plans for securing the cooperation of the public in the reduction
of the emission of smoke and air pollution.
