[Adopted 12-10-2002 by L.L. No.
4-2002]
Section 10 of the Municipal Home Rule Law empowers
the City of New Rochelle to adopt local laws to protect and enhance
its physical and visual environment. It is hereby declared to be the
policy of the City of New Rochelle to better the degree of purity
of the air resources of the City by eliminating the use of refuse-burning
equipment.
Whenever used in this article the following
terms shall mean:
The City of New Rochelle Building Official.
The New York State Department of Environmental Conservation.
The Westchester County Health Department.
An individual, corporation, club, partnership, association,
legal entity, society, or any other organized group of persons, and
shall include officers, directors and trustees of a corporation, club,
association or society.
Equipment which is designed to burn solid waste and yard
waste.
All putrescible and nonputrescible materials that are discarded,
including but not limited to garbage, refuse, commercial waste, rubbish,
ashes and incinerator residue. Solid waste shall not be understood
to include recyclables.
Organic substances or components thereof which typically
grow on or around properties, including grass, brush, shrubbery, leaves,
flowers, vegetables and branches less than three inches in diameter.
The provisions of this article shall be enforced
by the Building Official.
An offense against the provisions of this article
shall be punishable by a fine of not more than $2,000 or by imprisonment
for not more than 15 days, or both. Each and every day that an offense
continues shall be deemed a separate violation subject to separate
penalty.
