City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Newburgh as indicated in article histories. Amendments noted where applicable.]
Waste management, handling and disposal — See Ch. 183.
Housing and property standards — See Ch. 190.
Performance of work by City — See Ch. 226.
Sewers — See Ch. 248.
Water — See Ch. 293.
Water pollution — See Ch. 295.
County Health District — See Ch. A307.
[Adopted 11-13-1967 (Ch. 13, Art. I, of the Code of Ordinances)[1]]
Editor's Note: The following sections of former Ch. 13, Art. I, were repealed 6-13-1988 by L.L. 4-1988: Secs. 13-1, 13-2, 13-3, 13-4, 13-7, 13-8, 13-9, 13-12, 13-13, 13-14, 13-15, 13-16, 13-19, 13-22, 13-23 and 13-24.
No person shall sift or screen any lime or ashes or create any other unnecessary dust or dirt on the streets or in the air within the limits of the City.
No person shall permit the discharge or escape into the open air of large quantities of smoke, soot, dust, steam or offensive odor in such a manner or in such quantities as to cause or have a natural tendency to cause injury, detriment or annoyance or to endanger the comfort, repose, health or safety of any person or in such a manner as to cause or have a natural tendency to cause injury or detriment to business, merchandise, goods or property.
[Amended 6-13-1988 by L.L. No. 4-1988]
Whenever any building or a part thereof may become insanitary or for any reason endanger human health and the owner shall have failed to comply with an order of the Code Compliance Supervisor to place or put the same in a safe and sanitary condition, the Code Compliance Supervisor shall issue an order, to be affixed conspicuously on the building and served on the owner, agent, lessee or occupant thereof, requiring all persons to vacate such building and discontinue its use at such time as the Health Officer may determine, which time shall be stated in said order. Any owner, agent, lessee or occupant of any such building or part thereof who shall fail or refuse to comply with such order to vacate shall be subject to the provisions and penalties provided for violations of this Code[1] unless he complies with the requirements of the Code Compliance Supervisor within the time stated in the order, and it shall thereafter be unlawful to occupy or permit the occupancy of such house or part thereof until such order has been complied with.
Editor's Note: See Ch. 1, General Provisions, § 1-12.
Standard. It shall be the duty of every person who shall have contracted or undertaken or shall be bound to heat or to furnish heat for any building or portion thereof occupied as a home or place of residence of one or more persons or as a business establishment where one or more persons are employed to furnish heat for every occupied room in such building or portion thereof so that a minimum temperature of 68° F. may be maintained at all times between the hours of 6:00 a.m. and 10:00 p.m. of each day whenever the outer or street temperature shall fall below 50° F. When such building or portion thereof shall be occupied as a business establishment only and not for residence purposes, such minimum temperature need be maintained during the usual working hours only.
Responsibility. Whenever a building is heated by a furnace, boiler or other apparatus under the control of the owner, agent or lessee of such building, such owner, agent or lessee, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of this section.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes a written or verbal contract.
No officer, board, corporation or other person or group of persons owning or having the management or control of any potable water supply furnished within the City shall permit any physical connection between the distribution system of such supply and that of any other water supply unless such other water supply is regularly examined as to its quality by those in charge of such potable water supply to which the connection is made and is also found to be potable. This prohibition shall apply to all water distribution systems, either inside or outside, of any building or buildings.
If a potable water supply is used as an auxiliary supply delivered to an elevated tank or to a suction tank, which tank is also supplied with water from a source with which cross-connections are not permitted by § 187-5 of this chapter, such tank shall be open to atmospheric pressure, and the potable water supply shall be discharged at an elevation above the high water line of the tank.
It shall be the duty of the owner of every habitable building now or hereafter erected upon any land adjacent or accessible to a public sewer to cause said building to be properly connected with such sewer, and no house hereafter erected shall be inhabited, occupied or used by any person before the same shall be connected with a public sewer if adjacent or accessible.
No person shall construct or maintain any vault, privy or cesspool for receiving any excrement, sewage or slops on any premises adjacent or accessible to a public sewer.
Notice. Whenever the City inspector shall find that any building is connected with an insufficient or improperly constructed drain or sewer or that the connection between any building and any drain or sewer is improperly or insufficiently made or maintained, he shall serve a notice upon the owner of such real property.
Contents. The notice shall specify the work to be done in order to connect the building with a properly constructed drain or sewer or to place such connections in a proper and safe condition and shall fix the time within which such work shall be done. If the work is not done within the time so fixed, the provisions of Chapter 226 of this Code shall apply.
[Adopted 12-12-2016 by Ord. No. 4-2016]
The City Council of the City of Newburgh finds that urinating and defecating outdoors on any public highway, street, parking lot, sidewalk or vacant land area within the City of Newburgh constitutes a hazard and nuisance and adversely affects the health, safety and welfare of the public.
No person shall urinate or defecate:
In a public place, as defined in Penal Law § 240, whether indoors or outdoors, except in a designated public restroom or designated portable toilet;
Outdoors on private property, if visible from a public place; or
Outdoors on private property, if not visible from a public place, without the express permission of the property owner.
In addition to all other penalties provided under this chapter, or any other provision of the City Code or any other law, rule or regulation of New York State or agency with jurisdiction over the subject matter, any person found to be in violation of this article shall be guilty, upon conviction, of an offense punishable by a fine of not less than $500 or a term of imprisonment for a period of up to 15 days, or both, for the first violation; a fine of not less than $500 and of not more than $1,000 or a term of imprisonment for a period of 15 days, or both, for a second violation; and a fine of not less than $500 and of not more than $2,000 or a term of imprisonment for a period of 15 days, or both, for the third and each subsequent violation.
The provisions of this article are declared to be severable, and if any section or subsection of this article is held to be invalid, such invalidity shall not affect the other provisions of this article that can be given effect without the invalidated provision.