[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973
as Art. III of Ch. 15 of the 1973 Code. Amendments noted where applicable.]
The word "stack" as used in this chapter 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 City
of dense smoke is prohibited, and it is hereby declared to be a nuisance and
may be summarily abated by the City. 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 chapter
by reference, shall be the standard. Smoke shall be considered dense when
it is equal to or of greater density than No. 2 on 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 one degree less than No. 3 smoke or less for a period of 75
seconds in any period of five minutes.
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.
A.
Locomotives. The emission of dense smoke within the City
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
enforcement officer or any assistant he/she may designate. Such abatement
may be in addition to the fines and penalties provided.
B.
Boats and tugs. The emission of dense smoke within the
City from the stack of any boat or tugboat, except for a period or for periods
aggregating five minutes or less of a density of No. 2 smoke in any period
of 15 minutes, or two minutes or less of a density greater than No. 2 smoke
in any period of 15 minutes, is prohibited and is hereby declared to be a
nuisance, and may be summarily abated by the enforcement officer or any assistant
he/she 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, 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 said furnace or combustion
device, so that the quantity of fly ash shall not exceed 0.75 grains per cubic
foot of flue gas at a stack temperature of 500° F., of which amount not
to exceed 0.2 grains per cubic foot shall be of such size to be retained on
a 325 mesh U.S. 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 chapter by reference, and a copy of which is and shall
remain on file in the office of the enforcement officer.
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/she 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.
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 chapter within any consecutive three-months 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 enforcement officer 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 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 prohibited 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:
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.
Any person who shall refuse to comply with or who shall assist in the
violation of any of the provisions of this chapter, 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 chapter are being violated, or refuse to permit
the inspection or examination of such building, establishment, premises or
enclosures for the purpose of the enforcement of this chapter, shall be subject
to the fines and penalties herein provided.
Where a violator of the provisions of this chapter, 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 City that
he/she has taken all steps necessary to provide for future compliance with
the provisions of this chapter, 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 chapter, 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 chapter 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 chapter, he/she 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/her.
The Commissioner of Public Safety shall direct and authorize any one
of the City officials or sanitary inspectors with the power to enforce this
chapter.
The enforcement officer 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.
