As used in this chapter, the following words shall have the meanings
specified below:
GARBAGE
The animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
INCINERATOR
Any steel, cast iron, masonry or wire receptacle with solid or perforated
sides, fronts and backs (any such perforations not exceeding one inch on a
side or in diameter), equipped with a spark arrestor or cover sufficient to
prevent the escape of sparks or embers, with no openings or perforations exceeding
one inch on a side or in diameter and with any draft doors or other openings
protected with a one-inch-mesh wire screen or equivalent.
OPEN FIRE/BURNING
Any outdoor fire or burning or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere, other
than by a fire in stove, oven, furnace or incinerator designed and constructed
for the burning of material. The term "open fire" shall not be deemed to include
fires in barbecue pits, outdoor candles (citronella, etc.), outdoor fireplaces
and wood, gas or charcoal grills designed and used for the purpose of cooking
food for human consumption, and shall not include the use of a fire in a fireplace
by recognized organizations such as Girl Scouts or Boy Scouts or Fire Department,
where such fireplace is used under the constant supervision of responsible
officials of such organizations.
PROTECTED FIRE
Any fire contained within a stove, furnace, incinerator or device
that fully contains such fire and is so designed and constructed as to prevent
spreading of the fire or the discharge of burning particles or materials into
the atmosphere. The term "protected fire" shall not be deemed to include fires
in barbecue pits, outdoor candles (citronella, etc.), outdoor fireplaces and
wood, gas or charcoal grills designed and used for the purpose of cooking
food for human consumption, and shall not include the use of a fire in a fireplace
by recognized organizations such as Girl Scouts or Boy Scouts or Fire Department,
where such fireplace is used under the constant supervision of responsible
officials of such organizations.
REFUSE
All waste material, including, but not limited to, garbage, rubbish,
incinerator residue, street sweepings, dead animals and offal.
RUBBISH
Solid or liquid waste material, including, but not limited to, paper
and paper products; rags; trees or leaves, needles and branches therefrom;
vines; lawn and garden debris; furniture; cans; crockery; plastics; cartons;
chemicals; paint; grease; slugs; oils and other petroleum products; wood;
sawdust; demolition materials; tires; automobiles and other vehicles and parts,
for junk, salvage or disposal
It shall be unlawful for any person to light, permit or maintain an
open fire within the Town of Wappinger for any purpose.
Notwithstanding the foregoing, the following open fires shall be permitted
in accordance with a permit issued by the Town of Wappinger Fire Inspector
upon a written application:
A. A bonfire or other open fire sponsored by a school or
other governmental entity or by private organizations such as the Boy Scouts,
Girl Scouts, Little League, fire companies, etc., in connection with programs
and activities conducted by such entities and organizations.
B. Open fires used in connection with farm land clearing
or other farm purposes.
An application for such permit shall include:
A. A statement why such burning should be permitted;
B. A map or sketch identifying the area where the burn activities
will be undertaken;
C. A description of the anticipated intensity and duration
of the burn activity with the type of fuel to be utilized;
D. A description of the logistics of the burning activity,
the number of personnel to be present, the fire management equipment that
will be available and/or deployed to ensure that the burn is restricted to
the area(s) prescribed for burn management;
E. A description of fire-suppression activities to be immediately
implemented should the prescribed burn threaten to escape or actually escape
beyond the boundaries identified for such burn;
F. A description of the procedure for notifying appropriate
local fire officials and law enforcement personnel, the actual date, time
and estimated time for any prescribed burn;
G. A description of the procedure for notifying all adjacent
landowners prior to the undertaking of a prescribed burn; and
H. A description of the procedures that will be undertaken
to ensure that prescribed burn will be fully extinguished at the conclusion
of the burn.
No permit issued under this chapter shall authorize:
A. An open fire unless it shall be constantly supervised
and contained until completely extinguished; and
B. Any burn activity to be conducted within 200 feet of
any structure or within 200 feet of any property line.
[Amended 8-18-2003 by L.L. No. 10-2003]
This chapter will be enforced by the Zoning Administrator, the Building
Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire
Inspector and any police agency having jurisdiction within the Town of Wappinger.
[Amended 3-22-2004 by L.L. No. 5-2004]
A first violation of this chapter shall be an offense, punishable by a fine in the amount set forth in Chapter
122, Article
V, §
122-20M of the Code, or imprisonment for a period not to exceed 10 days, or both. A second or subsequent offense of any provision of this chapter within five years of the first offense shall be punishable by a fine in the amount set forth in Chapter
122, Article
V, §
122-20M of the Code or imprisonment for a period not to exceed six months, or both. In addition to these penalties, the Town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.