[HISTORY: Adopted by the City Council of the City of Hackensack 10-5-1959 (Ord. No. 717) as Ch. 5, Article XVIII,
of the 1959 Revised Ordinances. Sections 145-1, 145-2A and B (2) and (3),
145-3 and 145-4 amended at time of adoption of Code; see Ch. 1, General Provisions,
Article I. Other amendments noted where applicable.]
Fuel-burning equipment shall be inspected by the Health Officer or his
licensed representative as often as he deems it necessary to determine that
such equipment is in such condition as to comply with all of the provisions
of this chapter.
A.Â
No person shall permit smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, set forth in § 145-4 of this chapter, to be emitted into the open air from any fuel-burning equipment, internal-combustion engine, open fire, stack or chimney.
B.Â
The prohibition contained in Subsection A above shall not apply to:
(1)Â
Smoke emitted from fuel-burning equipment broken down
as a result of causes which a reasonably prudent person could not have foreseen.
(2)Â
Smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is equal to or not darker than No. 2 of the Ringelmann Smoke Chart as set forth in § 145-4 of this chapter, for a period or periods aggregating not more than three minutes in any 15 consecutive minutes.
(3)Â
Smoke from locomotives, the shade or appearance of which is equal to or not darker than No. 2 of the Ringelmann Smoke Chart as set forth in § 145-4 of this chapter, for a period or periods aggregating no more than 30 seconds in any three consecutive minutes, or smoke of said density for a period or periods aggregating no more than four minutes in any 15 consecutive minutes when building a new fire.
C.Â
No person shall cause, suffer, allow or permit the escape
or emission from any fuel-burning equipment, internal combustion engine, open
fire, stack or chimney, into the open air, of smoke or other airborne products
of combustion in such quantities as to cause injury or detriment to the public
or as to endanger the comfort, repose, health or safety of the public.[1]
In addition to the penalties provided under § 1-15 of Chapter 1, General Provisions, any person owning, operating or in control or in charge of fuel-burning equipment convicted of three or more violations of any of the provisions of § 145-2 of this chapter within any consecutive twelve-month period may be directed to show cause at a hearing before the Health Officer why the equipment causing such violations should not be sealed off. Failure to present evidence that adequate means and methods have been employed to correct the cause of such violations shall be authorization for the Health Officer to seal the equipment until such time as satisfactory corrective action shall have been taken, and no person shall operate fuel-burning equipment placed under seal by the Health Officer without the subsequent specific written approval of the Health Officer to do so.
Whenever the Ringelmann Chart is mentioned in this chapter, it shall
be understood to mean the Ringelmann's Scale for Grading the Density
of Smoke, published by the United States Bureau of Mines, a facsimile of which
appears below, or any chart, recorder, indicator or device for the measurement
of smoke density which is approved by the Department of Environmental Protection
of the State of New Jersey as the equivalent of said Ringelmann Chart. A standard,
inspection-quality copy of such chart is on file in the office of the Health
Department.
