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Village of Rhinebeck, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rhinebeck 2-12-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
It is generally recognized that the types of fuel used, and that the scale and duration of burning by outdoor furnaces, creates noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health and can deprive neighboring residents of the enjoyment of their property or premises. Therefore, with the adoption of this chapter, it is the intention of the Village of Rhinebeck Board of Trustees to prohibit the construction and operation of outdoor furnaces within the limits of the Village for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Village and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
An accessory structure designed and intended for the burning of combustibles of any nature whatsoever for the purpose of heating the principal structure or any other site, building or structure on the premises.
Any person who constructs or operates an outdoor furnace in the Village of Rhinebeck or who permits the same or who owns or occupies real property in the Village upon which an outdoor furnace is constructed or operated.
The construction and operation of outdoor furnaces are hereby prohibited within the Village of Rhinebeck.
This chapter is adopted pursuant to the authority of Article 2, § 10 of the New York State Municipal Home Rule Law.
The Village of Rhinebeck Code Enforcement Officer or any other person who may hereafter be designated by resolution of the Village of Rhinebeck Board of Trustees is hereby authorized in the name and on behalf of the Village of Rhinebeck to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
A person who shall violate any provisions of this chapter shall be a violator and 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 continued violation shall constitute a separate and distinct offense.
Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this chapter shall also be subject to a civil penalty of not more than $500, to be recovered by the Village in a civil action. Each week's continued violation shall be, for this purpose, 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 incurred by the Village relative thereto, including attorney's fees, and such amount shall be determined and assessed by the court. If such costs are not paid in full within 30 days from the date they are determined and assessed by the court, such costs shall be a lien and charged to and against the property so affected by including the same in the next annual Village tax levy against the property.
The provisions of this chapter are severable and the invalidity of a particular provision shall not invalidate any other provisions.
This chapter shall take effect immediately upon filing in the office of the New York Secretary of State.