Village of Baxter Estates, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 11-12-1963. Amendments noted where applicable.]
[Amended 3-7-2019 by L.L. No. 1-2019]
No incinerator or other equipment capable of emitting into the open air any harmful or objectionable substance, including but not limited to smoke, soot, fly ash, dust, fumes, gas, vapors or odors, shall be constructed, installed or altered unless a permit has been issued by the Superintendent of Buildings in accordance with § 62-2.
[Amended 3-7-2019 by L.L. No. 1-2019]
No permit for the construction, installation or alteration of any such incinerator or other equipment shall be issued by the Superintendent of Buildings unless an application, together with all plans and specifications, has been filed with the Superintendent of Buildings, and the Superintendent of Buildings has determined that:
A. 
No practicable alternative to the construction, installation or alteration of such incinerator or other equipment is available; and
B. 
Such incinerator or other equipment will be so constructed, installed or altered as to comply with the New York Building Code and to eliminate or reduce insofar as is reasonably possible the emission therefrom of such harmful or objectionable substances.
[Amended 9-19-2005 by L.L. No. 1-2005; 8-6-2015 by L.L. No. 2-2015]
Each and every violation of, or failure to comply with, any provision of § 62-1 of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.