Cross Reference:
Animals and fowl — See Ch. 5.
Buildings and building regulations — See Ch. 6.
Fire prevention and protection — See Ch. 8.
Garbage, trash and refuse — See Ch. 10.
Plumbing Code — See Ch. 18.
Water and sewers and sewage disposal — See Ch. 23.
State Law Reference:
Public Health Law, § 1 et seq.; general powers of Board of Trustees, Village Law, § 4-412.
[Ord. No. 32, §§ 1-3, 8, 1-26-1948]
(a) 
It shall be unlawful for any owner of any lot or land in the Village to permit or maintain on any such lot or land any trees, shrubs or bushes, or parts thereof, which are or may become infected or infested with caterpillars, tent-caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals, which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes by devouring the bark or foliage thereof and which spread by passing from such trees, shrubs or bushes to other trees, shrubs or bushes, thereby causing destruction and damage to the property of others and becoming an unsightly and public nuisance.
(b) 
Duty of owner. It shall be the duty of the owner of any lot or land to destroy and remove by cutting, burning, spraying, killing or by other effectual method all such caterpillars, tent-caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause disease, destruction or damage to such trees, shrubs or bushes or parts thereof as often as may be necessary to comply with the provisions of the preceding sections and shall cut and burn such trees, shrubs or bushes or parts thereof as shall be so infected or infested as to constitute a menace to other trees, shrubs or bushes.
(c) 
When Village to do work. If the provisions of Subsection (b) are not complied with, the Village Clerk shall serve or cause to be served a written notice by mail upon the owner of any such lot or land requiring such owner to comply with the provisions thereof. If the person upon whom notice is served fails, neglects or refuses to comply with the provisions of Subsection (b) herein within five days after service of such notice or, if no person can be found in the Village who either is or claims to be the owner of such lot or land or either represents or claims to represent such owner, the Street Commissioner or other duly appointed officer or employee of the Village shall cause such caterpillars, tent-caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals to be destroyed and removed as directed by Subsection (b) hereof, by contracting with trained experts for such destruction or removal or by destroying or removing the same by other adequate means; and the actual cost thereof and any additional cost in connection therewith shall be paid by the owner of any such lot or land within 30 days after completion of such destruction or removal and, upon failure of such owner to pay such costs within 30 days, shall be certified by the Street Commissioner or other duly appointed officer or employee of the Village to the Village Assessor, and shall thereupon become and be a lien upon the lot or land on which such work was performed, and shall be added to become a part of the taxes next to be assessed and levied upon such lot or land and shall be collected and enforced in the same manner as taxes. The assessment of the cost of the work done by the Village shall be in addition to the penalties imposed herein for any violation or infraction of the provisions of this section.
(d) 
Penalties. Any person, firm, individual, partnership or corporation violating any of the provisions of this section or who shall resist or obstruct the Street Commissioner or any person or persons employed by the Village in carrying out the provisions of this section shall, upon conviction, be punished by a penalty as prescribed in § 1-7, and each day upon which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person guilty of same shall be deemed a disorderly person.
[Ord. No. 32, §§ 4-6, 8, 1-26-1948]
(a) 
It shall be unlawful for any owner of any lot or land in the Village to cause, suffer or allow ragweed, poison ivy or other poisonous or harmful weeds or plants detrimental to health to grow on any such lot or land.
(b) 
It shall be unlawful for any owner of any lot or land in the Village to cause to grow, suffer, maintain, cultivate or allow on such lot or land any tree, shrub, bush or plant of any kind whose foliage, blossoms or other outgrowth shall be or become dangerous, damaging or detrimental to the health or property of other persons in the Village.
(c) 
Duty of owner. It shall be the duty of the owner of any lot or land to destroy and remove any and all such weeds, shrubs, trees and plants as covered by the preceding subsections herein by cutting, burning, spraying, killing or other effectual method as often as may be necessary to comply with the terms of this section.
(d) 
When Village to do work. If the provisions of the foregoing Subsection (c) are not complied with, the Village Clerk shall follow the same procedure for the enforcement and compliance of the terms of said subsection as is provided in § 11-1(c) for the enforcement of § 11-1(a).
(e) 
Penalties. Any person, firm, individual, partnership or corporation violating any of the provisions of this section or who shall resist or obstruct the Street Commissioner or any person or persons employed by the Village in carrying out the provisions of this section shall, upon conviction, be punished by a penalty as prescribed in § 1-7; and each day upon which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person guilty of same shall be deemed a disorderly person.
[Ord. No. 14, §§ 1, 2, 4, 3-30-1931]
(a) 
Prohibited. It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise to throw, cast or deposit or to cause or permit to run, drop or remain or to be thrown, cast or deposited any decomposable matter which might create a nuisance or act as a breeding place for flies or as food for rats, discarded things capable of holding water which might serve as a breeding place for mosquitoes, or combustible matter which might serve to increase the fire hazard of neighboring property in or upon any lot or land, body of water or place within the Village, except at such place or places designated or provided by the Building Inspector, provided that garbage, manure, offal and other putrescible matter may be temporarily kept in suitable cans, vessels, tanks or containers which are watertight and provided with tightly fitting covers. Nothing in this section shall be construed as to prohibit the depositing of manure upon private property for the purpose of cultivating the same.
(b) 
Notice of removal; removal. If the provisions of Subsection (a) are not complied with, the Building Inspector or Village Clerk shall serve written notice upon the owner, lessee or occupant, or any person having the care or control of any such lot or land, body of water or place, to comply with the provisions of this section. If the person upon whom the notice is served fails, neglects or refuses to comply with the provisions of the notice within five days after receipt thereof, or if the owner of such property or his representatives cannot be found in the Village, the Building Inspector or Village Clerk shall cause such substances or matter described in Subsection (a) to be removed or such nuisances to be suppressed and the actual cost of such work plus 5% for inspection and other additional costs in connection therewith shall be certified to the Assessor and shall thereafter become and be a lien upon the property on which such substances, nuisances or fire hazards existed and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
(c) 
Penalty. Any person who violates any of the provisions of this section or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Building Inspector or Village Clerk or their employees in the removal of materials or substances or the abatement of nuisances or suppression of fire hazard shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be a disorderly person.
[Ord. No. 14, §§ 3, 4, 3-30-1931]
(a) 
It shall be unlawful to permit or allow in or upon vacant lots or other premises any water to collect and lie stagnant in which mosquito larvae breed or are likely to breed. Whenever the Building Inspector shall determine that any accumulation of water, wherein mosquito larvae breed, constitutes a nuisance or danger or injury to life or health, he shall proceed to suppress such nuisance or remove such danger or injury in the manner prescribed in the Public Health Law of the State of New York.
(b) 
Penalty. Any person who violates any of the provisions of this section or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Building Inspector or Village Clerk or their employees in the removal of materials or substances or the abatement of nuisances or suppression of fire hazards shall, upon conviction thereof be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be a disorderly person.
[L.L. No. 6-1993, § 2]
(a) 
It shall be unlawful for any person to operate a tattooing business or to tattoo a human being within the Village of Tuckahoe, except that tattooing may be performed for medical purposes by a person licensed or otherwise authorized pursuant to the New York State Education Law to practice medicine or osteopathy.
(b) 
A violation of the provisions of this section shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day any violation of this section shall continue shall constitute a separate offense.
[1]
State Law Reference: New York State Air Pollution Control Act, Environmental Conservation Law § 19-0101 et seq.
The word "stack" as used in this Article is defined to include chimney, smokestack, open fire structure or opening of any kind whatsoever capable of emitting smoke.
(a) 
Prohibited. The production or emission within the Village of dense smoke is prohibited, and it is hereby declared to be a nuisance and may be summarily abated by the Village. Such abatement may be in addition to the fines and penalties hereinafter provided.
(b) 
Ringelmann Chart adopted. For the purpose of grading the density of smoke, the Ringelmann Chart, as now published and used by the United States Bureau of Mines, which is hereby made a part of this Article by reference, shall be the standard. Smoke shall be considered dense when it is equal to or of greater density than No. 2 of said chart.
(c) 
Exception. An exception to the provisions of this section shall be permitted when a firebox of a locomotive is being cleaned out or a new fire is being built therein, in which case smoke shall be permitted of a density of 1° less than No. 3 smoke or less for a period of 75 seconds in any one five-period.
(d) 
Compliance required. All persons violating any of the provisions of this section shall be subject to the fines and penalties hereinafter provided. All persons participating in any such violation, either as owners, proprietors, lessees, agents, tenants, managers, superintendents, captains, engineers, firemen or janitors or otherwise, shall severally be liable therefor and subject to the fines and penalties fixed for violations of this Code.[1]
[1]
Editor's Note: See § 1-7 of Ch. 1, General Provisions.
The emission of dense smoke within the Village from the stack of any locomotive after it is in service or ready for service, except for a period or periods aggregating two minutes or less of a density of No. 2 smoke in any period of eight minutes, or one minute or less of a density of No. 3 smoke in any period of eight minutes, or 30 seconds or less of a density greater than No. 3 smoke in any period of four minutes, is prohibited and is hereby declared to be a nuisance and may be summarily abated by the authorized official of the Village or any assistant he may designate. Such abatement may be in addition to the fines and penalties provided.
(a) 
Prohibited. No person shall cause or allow the escape from any stack into the open air of such quantities of soot, cinders, noxious acids, fumes or gases in such place or manner as to cause injury, detriment or nuisance to any person or to the public or to endanger the comfort, health or safety of any such person or to the public health or in such manner as to cause or have a tendency to cause injury or damage to business or property.
(b) 
Fly ash reduction required. No person shall operate or cause to be operated or maintain or cause to be maintained any furnace or combustion device for the burning of fuel without maintaining and operating, while using said furnace or combustion device, recognized and approved equipment, means, methods, devices or contrivances to reduce the amount of fly ash emitted into the open air, which is operated in conjunction with such furnace or combustion device, so that the quantity of fly ash shall not exceed 0.75 grain per cubic foot of flue gas at a stack temperature of 500° F., of which amount not to exceed 0.2 grain per cubic foot shall be of such size to be retained on a 325-mesh US Standard sieve; provided, however, that locomotives equipped with front end screens meeting Interstate Commerce Commission specifications shall be deemed a compliance herewith. These conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% of full load.
(c) 
Measurement; test adopted. The foregoing requirements shall be measured by the methods outlined in the Tentative Test Code for dust separating apparatus of the American Society of Mechanical Engineers, which is hereby made a part of this Article by reference and a copy of which is and shall remain on file in the office of the authorized official of the Village.
(d) 
Nuisance declared. The escape of soot, cinders, noxious acids, fumes, gases or fly ash, as herein prohibited, is hereby declared to be a nuisance and may be summarily abated by the authorized official of smoke prevention or by anyone whom he may authorize for such purpose. Such abatement may be in addition to the fines and penalties herein provided.
(e) 
Effect of violation. Any person violating any of the provisions of this section shall be subject to the fines and penalties provided for violators of this Code. All persons participating in any such violation, either as owners, proprietors, lessees, agents, tenants, managers, superintendents, captains, engineers, firemen or janitors, or otherwise, shall severally be liable thereof and be liable therefor and subject to the fines and penalties fixed for violations of this Code.[1]
[1]
Editor's Note: See § 1-7 of Ch. 1, General Provisions.
The unlawful emission of smoke, soot, cinders, fly ash, noxious acid, fumes or gases from each stack shall constitute a separate offense.
(a) 
Notice required. After any owner, agent, occupant, manager or lessee of any premises has been previously notified of three or more violations of this Article within any consecutive three-month period, in respect to the emission of dense smoke, soot, cinders, noxious acids, fumes, gases or fly ash, the owner, agent, occupant, manager or lessee of said premises shall be notified to show cause before the authorized official of the Village on a day certain, not less than 10 days from the date of notice, why the equipment causing such violations should not be sealed. The notice herein provided for may be given by mail directed to the last known address of the party to be notified; or if said party or his whereabouts is unknown, then by posting a notice on or near the premises at which the violations shall have occurred.
(b) 
Hearing authorized. Upon said date said violator may appear and be heard.
(c) 
Equipment to be sealed. Upon such hearing, if the authorized official finds that adequate corrective means and methods have not been employed to correct the cause of such condition, then it shall be his duty to seal said equipment until such time as a permit and certificate as herein provided have been applied for and issued for such plant.
(d) 
Use of sealed equipment. It shall be unlawful for any person to break a seal of any refuse-burning equipment, any boiler or any equipment or device producing heat and power that has been duly sealed by an authorized official unless authorized by the authorized official in writing.
(a) 
Duty. The owner or operator of every power and heating plant, except those in which the only fuel is gas, and except in buildings used for private residences containing less than 10 dwellings, units or flats, shall provide means whereby the fireman may be enabled to know, without leaving the boiler or furnace room, whether or not prohibitive smoke is issuing from the stack, so that possible necessary correction may be made at the time. Such means of observation shall be as follows:
(1) 
A window or opening through which an unobstructed view of the top of the stack may be had from the boiler or furnace room.
(2) 
A mirror so placed as to reflect the top of the stack and visible from the boiler or furnace room.
(3) 
A smoke indicator, approved by the Bureau of Smoke Regulation.
(b) 
Effect of violation. Any person who violates the provisions of this section shall be subject to the fines and penalties provided for each offense.[1]
[1]
Editor's Note: See § 1-7 of Ch. 1, General Provisions.
Any person who shall refuse to comply with or who shall assist in the violation of any of the provisions of this Article, or who in any manner hinders, obstructs, delays, resists, prevents or in any way interferes or attempts to interfere with the authorized officials of smoke prevention or smoke prevention inspectors or police officers in the performance of any duty herein enjoined, or shall refuse to permit such inspectors or officers to perform their duty by refusing them, or either of them, entrance at reasonable hours to any premises in which the provisions of this Article are being violated, or who refuses to permit the inspection or examination of such building, establishment, premises or enclosures for the purpose of the enforcement of this Article, shall be subject to the fines and penalties herein provided.[1]
[1]
Editor's Note: See § 1-7 of Ch. 1, General Provisions.
Where a violator of the provisions of this Article, with respect to the emission of smoke, soot, cinders, noxious acids, fumes, gases or fly ash, produces evidence satisfactory to the authorized official of the Village that he has taken all steps necessary to provide for future compliance with the provisions of the Article, but it appears that the acquisition of the proper device or equipment cannot be effected immediately, the authorized officials shall have the discretion in proper cases to allow a period not to exceed three months from the effective date of the applicable provision or provisions of this Article, within which time the device can be obtained, and a second three months for installation thereof. During said period of grace granted by the said proper officials, the violator of the Article shall not be subject to the fines or penalties herein provided; provided, however, that where such violator fails in the time allowed to conform with the provisions of this Article, he shall be subject to all the fines and penalties herein provided, dating from the date of the beginning of the period of grace permitted him.
The Village Board of Trustees shall direct and authorize any one of the Village officials or sanitary inspectors with the power to enforce this Article.
The authorized official of the Village shall have charge of the enforcement of all ordinances pertaining to smoke prevention and air pollution and institute proceedings for the violation thereof and shall have charge of the preparation and execution of educational plans for securing the cooperation of the public in the reduction of the emission of smoke and air pollution.