[HISTORY: Derived from Ch. 59 of the 1978
Code of the Village of New Paltz. Amendments noted where applicable.]
A.
Ringelmann Smoke Chart. For the purpose of testing
and grading the density of smoke, the Ringelmann Smoke Chart as published
and used by the United States Bureau of Mines, shall be and is hereby
adopted as a standard for such grading, and smoke shall be, and hereby
defined as and declared to be "dense" when it is of a degree of density
of Number 2 of said Chart or greater, at the point of emission.
B.
DUST AND CINDERS
FUEL
FUEL AND REFUSE BURNING PLANT, EQUIPMENT OR DEVICE
FUMES, GASES, NOXIOUS ACIDS
SOOT AND FLY ASH
STACK
Specific terms. When used in this chapter, unless
otherwise expressly stated, or unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
Gas-borne particles larger than one micron in mean diameter.
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.
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.
Gases or vapors that are of such character as to create an
uncleanly, destructive, offensive or unhealthful condition or nuisance.
Agglomerated particles consisting essentially of carbonaceous
material.
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, emission or escape of dense
smoke regardless of how produced or discharged to the atmosphere within
the Village except for a period or periods aggregating five minutes
in any one hour is prohibited, and it is hereby declared to be a nuisance
and may be abated by the Enforcement Officer in the manner provided
by law.
The emission from any stack or premises within
the Village 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 Enforcement Officer 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 grace period granted by the Enforcement Officer, violations resulting
from the inability to obtain the necessary equipment or device shall
not be punishable as 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.
A.
Consent of occupant. The Enforcement Officer and his
representatives shall be authorized, in the performance of their duties,
to conduct inspections of the premises, or parts of premises, at such
times and in such manner as the Enforcement Officer may find convenient
or necessary, with the consent of the person in possession or occupancy.
B.
Procedure in case of refusal. If admission is refused
or cannot be obtained from the person in possession or occupancy,
the Enforcement Officer or his representatives shall be authorized
to obtain a warrant to make an inspection, provided reasonable or
probable cause is shown.
C.
Emergencies. In case of an emergency, the Enforcement
Officer or his representatives may, without a warrant, enter any premises,
or parts of premises, to inspect the same, at any time without the
permission of the person in possession or occupancy.
The Building Inspector shall be the Enforcement
Officer of this chapter and is hereby charged with the duty of investigating,
preventing, and abating air pollution and the emission of dense smoke
within the Village of New Paltz. He shall issue and serve appearance
tickets with respect to any violation of this chapter when he has
reasonable cause to believe that such violation or offense has been
committed.
[Amended 10-22-2014 by L.L. No. 13-2014]
Any person who violates any provision of this chapter shall
be guilty of a violation pursuant to the Penal Law punishable by a
fine as set annually by resolution of the Board of Trustees or imprisonment
for not more than 15 days, or both such fine and imprisonment.
