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What is NYC AC § 24-102?

Quick Answer

This section declares the public policy of New York City to preserve and improve air quality to promote health and safety. It emphasizes the right to clean air and the regulation of harmful emissions. Applies to all individuals and entities contributing to air pollution within the city.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-102 Declaration of policy.

AC § 24-102

It is hereby declared to be the public policy of the city to preserve, protect and improve the air quality of the city so as to promote health, safety and welfare, prevent injury to human, plant and animal life and property, foster the comfort and convenience of its inhabitants and facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city that every person is entitled to air that is not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the emission into the open air of any harmful or objectionable substance, including but not limited to smoke, soot, fly ash, dust, fumes, gas, vapors, odors or any products of combustion or incomplete combustion resulting from the use of fuel burning equipment or refuse burning equipment is a menace to the health, welfare and comfort of the people of the city and a cause of extensive damage to property. For the purpose of controlling and reducing air pollution, it is hereby declared to be the policy of the city to actively regulate and eliminate such emissions. The necessity for legislation by the enactment of the provisions of this chapter is hereby declared as a matter of legislative determination. This code shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall be construed to abridge the emergency powers of the board of health of the department of health and mental hygiene or the right of such department to engage in any of its necessary or proper activities. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/039.

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