[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward 3-2-2009 by L.L.
No. 1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 127.
The Board of Trustees of the Village of Fort Edward has reviewed
and discussed the potential impacts of outdoor furnaces (also known
as "outdoor wood-burning furnaces," "outdoor boilers" or "outdoor
stoves") within the Village. The Village of Fort Edward is a densely
populated area, with many residential lots being small (less than
one acre), and residential buildings being relatively close to one
another. Outdoor furnaces have the potential to introduce noxious
fumes, odors, smoke, pollutants and other hazardous materials into
the air within the Village of Fort Edward. This has the potential
to cause severe respiratory ailments to people within the Village.
Whereas outdoor furnaces may be appropriate in more rural areas, the
Board of Trustees does not feel that such outdoor furnaces are appropriate
within the densely populated Village territorial limits. Therefore,
in accordance with this chapter, it is the intent and purpose of this
chapter to prohibit the construction, installation and use of outdoor
furnaces within the territorial limits of the Village of Fort Edward
in order to protect the health, safety and welfare of the inhabitants
of the Village of Fort Edward.
As used in this chapter, the following terms shall have the
meanings indicated:
Any accessory appliance, designed and intended, through the
burning of wood, coal or any other material for the purpose of heating
the principal structure, or any other site, building, or structure
on the premises. This definition shall be deemed to include any appliance
commonly known as an "outdoor wood-burning furnace," "outdoor boiler,"
"outdoor stove" or "outdoor woodstove."
Any person who owns the property at the time the outdoor
furnace has been installed and/or operated or occupies the property
and utilizes such outdoor furnace.
No person shall construct or operate an outdoor furnace within
the Village of Fort Edward.
A.
Any person who shall violate any provision of this chapter shall
be guilty of a violation as defined in Article 10 of the New York
State 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 violation shall
constitute a separate and distinct offense.
B.
Compliance with this chapter may also be compelled and violations
restrained by order or by injunction of a court of competent jurisdiction.
If any clause, sentence, paragraph, subsection, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subsection, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
