[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983 by L.L. No. 2-1983 as Ch. XIX of the 1983 Code. Amendments noted where applicable.]
Any person or persons owning or in charge of steam boilers, within the limits of the City of Albany, are hereby prohibited from exhausting the steam from boilers in, upon or across any avenue, street, lane or alley in the City of Albany.
Any person or persons violating the provisions of this chapter shall be liable to a penalty of fifty dollars ($50.) for each and every offense.
Any person who shall throw, deposit, place or cast, or cause to be thrown, deposited, placed or cast, into the Hudson River, within the limits of the City, or in the Albany basin, any dead animal, ordure or deleterious, offensive, filthy or impure matter, liquid or thing, including oils of any kind, or who shall place, locate or deposit any dead animal, ordure or deleterious, offensive, filthy or impure matter, liquid or thing, including oils of any kind, near said river or basin, so that the same or any part thereof may be washed or carried by rain, flood or otherwise into said river or basin, shall incur a penalty of not less than fifty dollars ($50.) nor more than one hundred dollars ($100.) for each offense.
The Common Council or Department of Health of the City of Albany shall, whenever deemed advisable, fix and establish some place or places for the depositing or destruction of any dead animals or offensive matters required to be removed from said City.
Any stack, chimney or furnace within the City of Albany, or within two (2) miles of such City, not being used in a private dwelling, sending forth smoke in such quantity and of such density as to be capable of causing injury to the health of the residents of the City, or to public or private property therein, is declared to be a nuisance. But the discharge of such smoke from the stack, chimney or furnace of any stationary or movable structure while the fire box is being cleaned or a new fire is being built for a period not exceeding ten (10) minutes in any one (1) hour and one (1) minute and thirty (30) seconds at any other time is not prohibited. And the discharge of such smoke from any locomotive in or about a roundhouse for forty (40) minutes while the fire is being built, or rebuilt after cleaning, is not prohibited.
Smoke which is of greater density than is indicated by Number Three upon the Ringelmann Smoke Chart issued by the United States Bureau of Mines shall be deemed without further evidence to be of the density capable of causing injury to the health or property of residents of the City within the meaning of § 267-5; but the fact that it was when discharged of such density as to be capable of causing such injury may be proved independently of such chart by any other competent evidence.
Every person or corporation causing the nuisance declared by § 267-5, or permitting the same to be caused by any employee or servant, shall be guilty of a misdemeanor, and upon conviction shall pay a fine of fifty dollars ($50.) for each offense, and after a conviction for one (1) offense shall pay a fine of not less than one hundred dollars ($100.) and not more than five hundred dollars ($500.) upon each subsequent conviction.
Every person or corporation causing or permitting to be caused the nuisance defined by § 267-5, besides being punishable pursuant to § 267-7, shall be liable in the sum of fifty dollars ($50.) for each offense in a civil action to be brought in the name of the City of Albany in the Supreme Court or the County Court of the County of Albany, and the cause of action therefor shall belong to the City; but no such action shall be brought for an offense which has previously been punished pursuant to § 267-7. It shall be the duty of the Corporation Counsel of the City to bring and prosecute such action. And in such an action an order for a preliminary injunction and a judgment for a perpetual injunction may be granted enjoining the continuance of the nuisance. The provisions of this section shall not preclude or abridge the remedy of any person or corporation to maintain an action against the offender to obtain relief or damages when such person or corporation has suffered injury to health or property in consequence of the nuisance.