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This chapter is adopted, pursuant to the authority of Article II, § 10, of the Municipal Home Rule Law and Article IV, § 4-412, of the New York State Village Law.
It is the intention of the Village of Honeoye Falls by the adoption of this chapter to prohibit the use, installation, construction and operation of outdoor wood-burning 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:
OUTDOOR WOOD-BURNING FURNACE - A fuel burning device and related components (e.g. pipes, chimney, foundation) designed to burn wood or other approved solid fuels; that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g. garages); and that heats building space and/or water via the distribution, typically through pipes, of a fluid heated in said device, typically water or a water/antifreeze mixture. An outdoor wood-burning furnace may also be referred to as an "outdoor wood boiler" or "outdoor wood-fired hydronic heater" or "OWB".
The use, installation, construction and operation of outdoor wood-burning furaces are hereby prohibited within the Village of HOneoye Falls.
Any person who shall violate any provision of this chapter shall be subject to a penalty of not more than $250 for the first violation, nor more than $500 for the second and each subsequent violation. Each week's continued violation shall constitute a separate and distinct offense. Compliance with this chapter may also be compelled and violations be restrained by order or by injunction of a court of competent jurisdiction. 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 relative thereto, including attorney's fees, and such expense shall be charged to the property so affected by including such expense in the next annual tax levy against the property.
The Village Board of the Village of HOneye Falls or its Code Enforcement Officer are hereby authorized in the name and on behalf of the Village to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
The provisions of this chapter are severable and the invalidity of a particular provision shall not invalidate any other provisions.
This chapter shall effect immediately upon filing in the office of the New York State Secretary of State or as otherwise provided by law.