[HISTORY: Adopted by the Board of Trustees
of the Village of Rhinebeck 2-12-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
It is generally recognized that the types of
fuel used, and that the scale and duration of burning by outdoor furnaces,
creates noxious and hazardous smoke, soot, fumes, odors and air pollution,
can be detrimental to citizens' health and can deprive neighboring
residents of the enjoyment of their property or premises. Therefore,
with the adoption of this chapter, it is the intention of the Village
of Rhinebeck Board of Trustees to prohibit the construction and operation
of outdoor furnaces within the limits of the Village for the purpose
of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity of the Village and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
An accessory structure designed and intended for the burning
of combustibles of any nature whatsoever for the purpose of heating
the principal structure or any other site, building or structure on
the premises.
Any person who constructs or operates an outdoor furnace
in the Village of Rhinebeck or who permits the same or who owns or
occupies real property in the Village upon which an outdoor furnace
is constructed or operated.
The construction and operation of outdoor furnaces
are hereby prohibited within the Village of Rhinebeck.
A.
This chapter is adopted pursuant to the authority
of Article 2, § 10 of the New York State Municipal Home
Rule Law.
B.
The Village of Rhinebeck Code Enforcement Officer
or any other person who may hereafter be designated by resolution
of the Village of Rhinebeck Board of Trustees is hereby authorized
in the name and on behalf of the Village of Rhinebeck to undertake
and prosecute any proceedings necessary or appropriate to enforce
compliance with this chapter.
A.
A person who shall violate any provisions of this
chapter shall be a violator and shall be guilty of a violation as
defined in Article 10 of the New York State Penal Law and shall, upon
conviction, be subject to a fine of not more than $250 or to imprisonment
for not more than 15 days or both such fine and imprisonment. Each
week's continued violation shall constitute a separate and distinct
offense.
B.
Compliance with this chapter may also be compelled
and violations restrained by order or by injunction of a court of
competent jurisdiction. Any person who violates any provision of this
chapter shall also be subject to a civil penalty of not more than
$500, to be recovered by the Village in a civil action. Each week's
continued violation shall be, for this purpose, a separate and distinct
violation.
C.
In the event the Village is required to take legal
action to enforce this chapter, the violator will be responsible for
any and all necessary costs incurred by the Village relative thereto,
including attorney's fees, and such amount shall be determined and
assessed by the court. If such costs are not paid in full within 30
days from the date they are determined and assessed by the court,
such costs shall be a lien and charged to and against the property
so affected by including the same in the next annual Village tax levy
against the property.
