This chapter provides for the prohibition of outdoor solid-fuel
heating devices within the corporate limits of the Village of Churchville.
The Village Board of the Village of Churchville has examined and studied
the issue of outdoor solid-fuel heating devices and has determined
that such devices cause noxious and hazardous smoke and odors, soot,
fumes, and air pollution which can be detrimental to citizens'
health and which can deprive neighboring residents of the enjoyment
and comfort of their property or premises. Residents and establishments
situated within the Village of Churchville are entitled to clean air
and environmental surroundings free of unreasonable dust, smoke, obnoxious
odors, fumes and smells, as well as an environment free from stored
debris, and the storage of combustible fuels as might be established
to fuel such heating devices.
This chapter is adopted pursuant to the authority given in Article
2, § 10 of the New York State Municipal Home Rule Law and
Article 4, § 4-412 of the New York State Village Law.
As used in this chapter, the following terms shall have the
meanings indicated:
OUTDOOR SOLID-FUEL HEATING DEVICE
Any structure separate from and outside of the main living
or building areas of any resident's property, which structure
is designed and intended, through the burning of wood or other solid
fuels or substances, to heat the principal structure or any other
site, building or structure on the premises. Such units are self-contained
units designed to provide heating to a building or structure and which
unit is located outside of such building or structure.
The construction and operation of outdoor solid-fuel heating
devices is hereby prohibited within the corporate limits of the Village
of Churchville.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provisions of this chapter shall, upon conviction, be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code. Each week's continued violation shall constitute a separate and distinct offense.