Town of Brighton, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brighton 6-10-1998 by L.L. No. 2-1998. Amendments noted where applicable.]
A. 
It is hereby declared to be the policy of the town to prevent excessive or noxious odors in the town. It is further declared that the provisions and prohibitions herein enacted are enacted for the purpose of preserving and protecting the public health, welfare, comfort and prosperity of the Town of Brighton and its inhabitants.
B. 
This chapter shall be liberally construed so as to effectuate the purposes described herein. Nothing herein contained shall be construed to abridge the emergency powers of any town department or the right of such department to engage in any necessary or proper activities. Nothing contained herein shall abridge the powers and responsibility of the Brighton Police Department or any other law enforcement agency to enforce the provisions of this chapter.
A. 
No person shall cause or allow emissions of air contaminants or noxious odors to the outdoor atmosphere that are injurious to human, plant or animal life or to property or that unreasonably interfere with the comfortable enjoyment of life or property (for purposes of this chapter, a "prohibited odor").
B. 
In addition to the general prohibition set forth in Subsection A above, the following shall be prohibited conduct in violation of this chapter, but the listing herein shall not be deemed to be exclusive.
(1) 
Any open burning in violation of § 73-1 of the Code of the Town of Brighton.
(2) 
The idling of any motor vehicle for a period of longer than 15 minutes within 10 feet of any lot line of a property.
(3) 
The discharge into the ambient air of any exhaust fan from any restaurant, bakery, delicatessen or hotel, as such terms are defined in § 201-5 of the Town Code, which commences business operations after the date hereof or for which any building permit or other town approval is sought after the date hereof, that has not been filtered or scrubbed before discharge using equipment approved by the town's Building Inspector.
(4) 
Any violation of § 129-8M or § 129-10C of the Town Code that results in the creation of any excessive and noxious odor.
(5) 
The failure by any restaurant, bakery, delicatessan or hotel to properly maintain and clean its exhaust system.
A. 
In the event that there is one or more emissions of prohibited odor, and ten or more complaints are received concerning discharges of one or more air contaminants or noxious odors from a property or business, from three or more different businesses or adult members of different households, the Commissioner of Public Works or his designee shall commence an investigation of the complaints.
B. 
If such investigation determines that a violation of this chapter has occurred or is occurring, the person or entity responsible for such emission and the owner of the property in question shall be advised of the fact that such odor is unreasonable and in violation of this chapter by a police officer, the Building Inspector or the Commissioner of Public Works or his designee. Such responsible person and/or owner shall forthwith take measures reasonably designed to ensure that the violation does not recur.
C. 
At any time after the Town issues such a warning under § 104-4B hereof, the Commissioner of Public Works or his designee may conduct a further investigation upon receipt of any additional complaints, and if after such investigation he determines such party has continued or repeated such conduct or similar conduct creating prohibited odors, the person or entity causing such odor or air contaminant and the owner of the property from which such prohibited odor was released shall be in violation of this chapter and shall be subject to punishment as provided in Chapter 1 of the Town Code, General Provisions.
D. 
Any such warning under § 104-4B hereof shall be in writing, directed to the person or entity believed to be creating such noxious odor and the owner of the premises if different, and shall be sent by first-class mail.
E. 
No such warning shall be required for any violation which is also a violation of any other provision of the Town Code which is punishable without a prior warning to the offender.
The Commissioner of Public Works shall cause a complaint form to be prepared for the receipt of complaints of violations of this chapter. The Commissioner of Public Works and the Town Clerk shall keep copies of such complaint form in their offices and make the same available during normal business hours for the use of persons wishing to make complaints under this chapter. Any complaints made under this chapter shall be filed with the office of the Commissioner of Public Works.