[HISTORY: Adopted by the Board of Trustees of the Village of Mill
Neck 10-18-1967 as Ord. No. 28. Sections
27-4 and 27-9 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building Zone Ordinance — See Ch. 129.
A.
It is hereby declared to be the policy of the Incorporated
Village of Mill Neck to maintain a reasonable degree of purity of its air
resources to the same extent it is the like policy of the State of New York,
as set forth in § 1265 of the Public Health Law, of New York, and
to the same extent, not inconsistent with state law, it is the like policy
of the County of Nassau, as set forth in Section 9-21.0 of Title D of Chapter
IX of the Nassau County Administrative Code, as adopted by Nassau County Local
Law No. 1-1967. In this connection and in furtherance of this policy, this
village has heretofore adopted an amended Building Zone Ordinance which limits
commercial uses of land and requires relatively low density of population,
thereby greatly reducing possible sources of air pollution within the village
to the betterment of the air resources of not only the village but also the
county and the state.
B.
It is hereby declared also to be the policy of the village
to protect property and life from the hazard of fire which is found to be
increased by accumulations, in the many open and wooded areas of the village,
of tree trimmings, tree cuttings, dead, fallen and felled trees, branches,
brush, leaves, grass, weeds and other vegetation. It is expressly found that
no public or private disposal service for tree trimmings, tree cuttings, dead,
fallen and felled trees, branches, brush, leaves, grass, weeds and other vegetation
is presently available at a reasonable cost to the village or to the residents
thereof.
C.
It is noted that the village is located in the northeastern
section of Nassau County and is contiguous to other villages having similar
low density of population. It is found that the prevailing winds in the village
are over areas of low density of population or over the waters and bays of
Long Island Sound.
It is the purpose of this chapter to safeguard the air resources of
the village, in the same manner as set forth in § 1266 of the Public
Health Law of New York and Section 9-21.1 of the Nassau County Administrative
Code, as adopted by Nassau County Local Law No. 1-1967, consistent with the
foregoing declaration of village policy.
The definitions set forth in § 1267 of the Public Health Law
of New York and, to the extent not inconsistent therewith, in Section 9-21.2
of the Nassau County Administrative Code shall apply, as appropriate, to said
Public Health Law, Administrative Code and this chapter.
Except as hereinafter provided and to the extent not inconsistent with
the Public Health Law of New York, the provisions of Title D, Chapter IX,
of the Nassau County Administrative Code, as adopted by Nassau County Local
Law No. 1-1967, as amended, are hereby adopted by reference and may be enforced
by the appropriate state and county officials as well as by the appropriate
authorities of the village.
Burning of wood, charcoal, peat, paper and coal in fireplaces and stoves
in any structure in the village is permissible, provided that:
A.
Such fireplaces and stoves have chimneys and flues which
are kept clean so as not to cause chimney fires.
B.
Such structure and such fireplaces or stoves and their
chimneys and flues comply with the provisions of the Building Zone Ordinance
of the village and the state Building Construction Code.
C.
Such burning may be started, but not maintained, by the
use of oil or gas in small quantities.
D.
Any coal used in such fires complies with the requirements
of Sections 9-21.62 and 9-21.64 of the Nassau County Administrative Code.
When not temporarily prohibited for fire protection reasons by the State
Commissioner of Conservation, the police, local fire wardens or other fire
prevention officials, the following types of open burning are permissible:
A.
Outdoor grills and fireplaces for the purpose of preparing
food.
B.
Campfires and fires used solely for recreation purposes,
burning wood only, where such fires are properly controlled by a responsible
person in attendance at all times such fires are burning and where no nuisance
is created.
C.
Backyard burning of tree trimmings, tree cuttings, dead,
fallen and felled trees, branches, brush, leaves, grass, weeds and other vegetation
which has grown or has been deposited by natural causes on the lot or parcel
of land where the burning shall take place, provided that:
(1)
Such burning on improved parcels of land shall not occur
within the minimum front, side or rear yards required for a principal dwelling
in the zoning district in which such lot or parcel is situated.
(2)
The prevailing winds at the time of such burning are
away from densely populated areas and away from the nearest street.
(3)
The Commissioner of Health of the State of New York has
not announced a period of high air pollution potential.
(4)
Dirt is removed from stumps and other wood before burning.
(5)
Gasoline, kerosene, oil, rubber or other combustible
materials (except wood) are not used to start or maintain such burning, except
that small amounts of kerosene may be used for starting the same.
(6)
Such burning is properly controlled by a responsible
person in attendance at all times that there are flames or hot embers in the
area of such burning.
(7)
Such burning is restricted to an area of 400 square feet
at any one time.
(8)
Such burning is conducted so as not to endanger any property
or person.
(9)
Such burning is of trees, brush or vegetation permitted
to be cut by the Building Zone Ordinance or other applicable ordinance of
the village.
Any act or commission contrary to any provision of this chapter shall constitute a violation thereof. In particular, and not in limitation of the foregoing, open backyard burning that extends beyond an area of 400 square feet at any one time, that extends to the property of a person other than the person starting the same, that sets fire to any structure, vehicle or person, that is on any public or private street or highway, that obstructs vision on any public or private street or highway or that consists of material other than wood, leaves or vegetation shall constitute a violation of § 27-6 of this chapter.
Subject to such conditions as may be reasonably imposed, the Board of
Trustees may grant a variance from the provisions of this chapter and suspend
the enforcement thereof as to any person who shall show, in the case of such
person and of the activity which such person then proposes to operate, that
a compliance by such person would constitute an undue hardship on such person
or present practical difficulties for such person and would be out of proportion
to the benefits to be obtained thereby; provided, however, that such variance
shall not be granted where the person applying therefor will cause air pollution
which constitutes a health hazard; and provided, further, that any variance
so granted shall not be so construed as to relieve such person from any liability
imposed by any other law or ordinance for the commission or maintenance of
a nuisance.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
