[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
12-18-1984 as § 3-14 of the 1984 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- CHART
- Refers to the Ringelmann Smoke Chart, as published and used by the United States Bureau of Mines.
- CORPORATIONS
- Includes all bodies corporate, joint-stock companies or associations, domestic and foreign, their lessees, assignees, trustees, receivers and other successors in interest having any of the powers or privileges of corporation not possessed by individuals, partnerships or unincorporated associations.
- PERSONS
- Refers to all individuals, partnerships or associations other than corporations.
- STACK
- Includes chimneys, smokestacks, structures and openings of any kind whatsoever capable of emitting smoke.
A.
The production or emission within the borough of smoke,
fly ash or fumes, the shade of which is equal to or greater than No. 3 of
the Ringelmann chart or which is so dense as to prevent seeing through it
at the point of emission into the external air, from any stack or open fire,
except that of a locomotive for a period or for periods aggregating two (2)
minutes or more in any period of fifteen (15) minutes, and the emission of
such smoke, fly ash or fumes from any locomotive for a period or for periods
aggregating thirty (30) seconds or more in any period of three (3) minutes,
if due to negligence or want of care, is hereby prohibited.
B.
The production or emission within the borough of smoke,
fly ash or fumes, the shade of which is equal to or greater than No. 2 of
the Ringelmann chart or which is so dense as to be dimly seen through at the
point of emission into the external air from any stack or open fire, except
that of a locomotive for a period or for periods aggregating twelve (12) minutes
or more in any period of one (1) hour, and the omission of such smoke, fly
ash or fumes from any locomotive for a period or for periods aggregating four
(4) minutes in any period of fifteen (15) minutes, if due to negligence or
want of care, is hereby prohibited.
A.
Unless otherwise specified herein, for a violation of
any provision of this chapter, the maximum penalty, upon conviction thereof,
shall be a fine not exceeding one thousand dollars ($1,000.) or imprisonment
for up to ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
B.
All fines and penalties under this chapter may be paid
directly to the Municipal Court Administrator, unless otherwise indicated
by the officer issuing the summons.
