[HISTORY: Adopted by the Board of Trustees of the Village of West
Carthage 5-29-2007 by L.L. No. 2-2007.
Amendments noted where applicable.]
The Village of West Carthage Code is hereby amended by adding a new
chapter entitled "Outdoor Furnace Prohibition."
As used in this chapter, the following terms shall have the meanings
indicated:
A heating system which burns wood and/or other combustible material
in a furnace located outside of the premises being heated.
Outdoor furnaces have not previously been subject to regulation in the
Village of West Carthage. Concerns have been raised regarding the safety and
environmental effects of the heating devices, particularly the production
of offensive odors. Following the adoption of a moratorium, the Village Board
has investigated the relevant issues and has found that outdoor furnaces will
adversely affect the safety and environment and will produce offensive odors
in the Village. The operation of outdoor furnaces within the Village of West
Carthage shall be prohibited.
If any part of this chapter shall be declared invalid by a court of
competent jurisdiction, such declaration shall not affect or impair in any
way any other provision and all other provisions shall remain in full force
and effect.
All local laws or ordinances or parts of local laws or ordinances in
conflict with any part of this chapter are hereby repealed.
Any person, firm or corporation violating any provision of this chapter
shall be fined not less than $50 nor more than $500 for each offense when
a separate offense shall be deemed committed on each day during or on which
a violation occurs or continues. The Police Department may, in its discretion,
confiscate the offensive device at the scene of the offense, and return of
said device shall be in the sound discretion of the court.
