[HISTORY: Adopted by the Town Board of the Town of Brookhaven 8-22-2006
by L.L. No. 21-2006, effective 8-28-2006.
Amendments noted where applicable.]
This chapter is adopted pursuant to the authority of Article 2, § 10,
of the Municipal Home Rule Law.
It is the intention of the Town Board of the Town of Brookhaven by the
adoption of this chapter to establish and impose restrictions upon the construction
and operation of outdoor furnaces within the limits of the Town for the purpose
of securing and promoting the public health, comfort, convenience, safety,
welfare and prosperity of the Town and its inhabitants. It is generally recognized
that the use of such furnaces creates noxious and hazardous smoke, soot, fumes,
odors and air pollution. These byproducts can be detrimental to residents'
health and can deprive neighboring residents of the enjoyment of their property
or premises. The hazards and adverse impacts associated with outdoor furnaces
outweigh any benefit their use may realize.
As used in this chapter, "outdoor furnace" shall mean an accessory structure,
designed and intended, through the burning of any kind of fuel, for any purpose,
including but not limited to providing hot water and/or a source of heat to
structures, or any other site structure on the premises.
The construction, operation or possession of outdoor furnaces used,
connected, operated or constructed to provide hot water and/or a source of
heat to structures is hereby prohibited within the Town of Brookhaven.
Any person who shall violate any provisions of this chapter shall be
guilty of a violation as defined as in Article 10 of the Penal Law and shall,
upon conviction, shall 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 by 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 $1,500, to be recovered by the Town in a civil action
and each week's continued violation shall be for this purpose a separate
and distinct violation. In the event the Town is required to take such legal
action to enforce this chapter, the violator will be responsible for any and
all necessary costs relative thereto, including attorney's fees.
The Town Board of the Town of Brookhaven or the Town Attorney is hereby
authorized in the name and on behalf of the Town of Brookhaven to undertake
and prosecute any proceedings necessary or appropriate to enforce compliance
with this chapter.
The provisions of this chapter are severable and the invalidity of a
particular clause, sentence, paragraph, section or item shall not impair or
invalidate the remainder hereof, but such adjudication shall be confined in
its operation to the clause, sentence, paragraph, section or item directly
involved in the controversy in which such judgment shall have been rendered.
