It is the purpose of this chapter to establish a ban on the
construction and operation of outdoor wood burning furnaces within
the Village of Chester 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, which can be detrimental to citizens'
health, and can deprive neighboring residents of the enjoyment of
their property or premises.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR WOOD BURNING FURNACE
An exterior heating system, designed and intended, through
the burning of wood, for the purpose of heating the principal structure,
or any other site structure on the premises.
The construction and operation of outdoor wood-burning furnaces
are hereby prohibited with the Village of Chester.
Any person who shall violate any provision of this chapter shall,
upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $250
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense shall constitute,
for each day the offense is continued, a separate and distinct violation.
In the event the Village is required to take legal action to enforce
this chapter, the violator will be responsible for any and all necessary
costs relative thereto, including attorney's fees, and such expense
shall be charged to the property so affected by including such expense
in the next annual tax levy against the property.