[Adopted 11-20-2001 by L.L. No. 4-2001]
This article shall be known and may be cited as the "Pelham Air Pollution Control Code."
The Village of Pelham Board of Trustees finds that emissions to the outdoor atmosphere must be prevented where of such quantity, characteristic or duration as to be injurious to human, plant or animal life or to property, to cause detriment to the health, safety, welfare or comfort or any person, to damage property or business or to interfere unreasonably with the comfortable enjoyment of life or property.
When used in the Pelham Air Pollution Control Code, the following terms shall have the meanings indicated:
AIR CONTAMINANT
Any particulate matter or any gas or any combination thereof in the open air, other than uncombined water or air.
EMISSION
Dispersion of an air contaminant into the open air of the Village.
ODOROUS AIR CONTAMINANT
Any air contaminant that is released in sufficient concentrations to be detected by human olfactory sense.
OPEN AIR
All the air available for human, animal or plant respiration, but shall not include the air in equipment and private dwellings.
PERSON
Any individual or partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof.
No person shall cause or permit the emission of an air contaminant, including odorous air contaminant, if the air contaminant causes or may cause detriment to the health, safety, welfare or comfort of any person or injury to plant or animal life, or causes or may cause damage to property or business.
A. 
The prohibition of this section includes, but is not limited to emissions of odorous air contaminant from the following sources:
(1) 
Compost heaps.
(2) 
Creosote treatment or manufacture.
(3) 
Diesel engines.
(4) 
Garbage incinerators, dumpsters or receptacles.
(5) 
Paint, stain, shellac or varnish spraying.
(6) 
Plastic or resin manufacture.
(7) 
Portable lavatories.
(8) 
Rubber or synthetic rubber manufacture.
B. 
The prohibition of this section does not include emissions commonly associated with food preparation at a restaurant lawfully operating in the Village.
A. 
Any neglect, failure or refusal to comply with any provision of this article shall be deemed a violation thereof.
B. 
Anyone, including but not limited to the owner or operator of the premises, who commits or is an accessory to the commission of a violation of this article shall be subject to the civil and criminal penalties applicable under this Code.