[HISTORY: Adopted by the Town Board of the Town of Mendon 10-28-1991 (Ch. 74 of
the 1994 Code); amended in its entirety 10-15-2018 by L.L. No. 3-2018. Subsequent amendments
noted where applicable.]
This chapter is adopted pursuant to state law regulations set
forth in 6 NYCRR 215.3.
Burning in an open fire, provided it is not contrary to other
law or regulation, will be allowed as follows:
A.
On-site
burning of downed limbs and branches (including branches with attached
leaves or needles) less than six inches in diameter and eight feet
in length between May 15 and the following March 15.
B.
Barbecue
grills, maple sugar arches and similar outdoor cooking devices when
actually used for cooking or processing food.
C.
Small fires
used for cooking and camp fires, provided that only charcoal or untreated
wood is used as fuel and the fire is not left unattended until extinguished.
D.
On-site
burning of agricultural wastes as part of a valid agricultural operation
on contiguous agricultural lands larger than five acres actively devoted
to agricultural or horticultural use, provided such waste is actually
grown or generated on those lands and such waste is capable of being
fully burned within a twenty-four-hour period.
E.
The use
of liquid petroleum fueled smudge pots to prevent frost damage to
crops.
F.
Ceremonial
or celebratory bonfires where not otherwise prohibited by law, provided
that only untreated wood or other agricultural products are used as
fuel and the fire is not left unattended until extinguished.
G.
Small fires
that are used to dispose of a flag or religious item, and small fires
or other smoke-producing process where not otherwise prohibited by
law that are used in connection with a religious ceremony.
H.
Burning
on an emergency basis of explosive or other dangerous or contraband
materials by police or other public safety organization.
I.
Prescribed
burns performed according to 6 NYCRR Part 194.
J.
Fire training,
including firefighting, fire rescue, and fire/arson investigation
training, performed under applicable rules and guidelines of the New
York State Department of State's Office of Fire Prevention and Control.
For fire training performed on acquired structures, the structures
must be emptied and stripped of any material that is toxic, hazardous
or likely to emit toxic smoke (such as asbestos, asphalt shingles
and vinyl siding or other vinyl products) prior to burning and must
be at least 300 feet from other occupied structures. No more than
one structure per lot or within a three-hundred-foot radius (whichever
is bigger) may be burned in a training exercise.
K.
Individual
open fires as approved by the Director of the New York State Division
of Air Resources as may be required in response to an outbreak of
a plant or animal disease upon request by the Commissioner of the
Department of Agriculture and Markets, or for the destruction of invasive
plant and insect species.
L.
Individual
open fires that are otherwise authorized under the Environmental Conservation
Law, or by rule or regulation of the Department of Environmental Conservation.
