The Fire Department of the City of Kingston is hereby charged with the
duty of investigating, preventing and abating air pollution and the emission
of dense smoke within the city and enforcing the provisions of this chapter.
The following words when used in this chapter shall have the following
meanings:
DENSE SMOKE
Smoke that cannot be seen through at the point of emission.
FUEL
Combustible materials, solid, liquid or gaseous, used primarily either
to kindle or sustain fire or produce heat, including refuse to be consumed
in refuse-burning equipment.
FUEL- OR REFUSE-BURNING PLANT, EQUIPMENT OR DEVICE
Any furnace, incinerator, engine, boiler, vessel, steam roller, derrick,
pile driver, dredge, tar kettle, apparatus, device, mechanism, stack or structure
used in the process of burning fuel.
FUMES, GASES, NOXIOUS ACIDS
Gases or vapors that are of such character as to create an uncleanly,
destructive, offensive or unhealthful condition or a nuisance.
PERSON
An individual, a partnership, a corporation, a receiver, an association,
an executor, an administrator, a trustee, a guardian or an agent.
SOOT AND FLY ASH
Agglomerated particles consisting essentially of carbonaceous material.
STACK
A chimney, open fire, smokestack, structure or opening of any kind
for purposes of discharging or which does discharge smoke, dust, soot, cinders,
fly ash, noxious acids, fumes or gases into the open air.
The production or emission of dense smoke within the city is prohibited,
and it is hereby declared to be a nuisance and may be abated by the Fire Department
of the City of Kingston in the manner provided by law. The following exceptions
to the provisions of this section shall be permitted:
A. In the event of upset fire conditions or breakdowns of
equipment which are unavoidable and beyond the ordinary control of the person
operating a fuel- or refuse-burning device, dense smoke shall be permitted
for one period of not more than five minutes during an one hour; or
B. When a firebox is being cleaned out or a new fire being
built therein, dense smoke shall be permitted for one period of not more than
10 minutes in any one calendar day or for two periods of not more than six
minutes in any one calendar day.
The emission from any stack or premises within the city into the open
air of such quantities of dust, soot, cinders, fly ash, noxious acids, fumes
or gases so as to cause injury or detriment to persons or to the public, or
to endanger the comfort, health or safety of any person or the public, or
in such manner as to cause injury or damage to business or property, is prohibited.
The emission of injurious quantities of dust, soot, cinders, fly ash, noxious
acids, fumes or gases from any stack or premises is hereby declared to be
a nuisance and may be abated in the manner provided by law.
Upon the furnishing of satisfactory proof that the necessary steps have
been taken to provide for compliance with the provisions of this chapter and
to correct violations thereof, but that the proper equipment or device cannot
be obtained immediately, the proper authority may grant, in his discretion,
a grace period not to exceed three months from the date of the violation of
this chapter, to obtain and install the necessary equipment or device. During
any period of grace granted by the proper authorities, violations resulting
from the inability to obtain the necessary equipment or device shall not be
punishable by the fines or penalties hereinafter provided.
Fuel-burning equipment or devices installed to heat buildings used exclusively for private residences and containing more than
six dwelling units or flats shall be equipped with efficient smoke-elimination
apparatus unless such equipment or device is fueled with anthracite coal,
coke, gas or other smokeless fuel.
This chapter shall take effect immediately.