Town of North Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of North Haven 1-11-2012 Special Town Meeting.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 115.
Outdoor furnaces — See Ch. 115A.
Fire zones — See Ch. 119.
Garbage, rubbish and refuse — See Ch. 127.
Smoking — See Ch. 173.
[1]
Editor’s Note: This ordinance also repealed former Ch. 150, Open Burning, consisting of Art. I, Burning on Public Streets, adopted 9-24-1953 Special Town Meeting, and Art. II, Miscellaneous Provisions, adopted 4-25-1961 Special Town Meeting.

§ 150-1 Declaration of policy.

This chapter seeks to ensure that the public health, safety, and welfare are protected from the potential danger and/or nuisance that may be created by an open burning. Persons surrounding or near properties in which open burning is being performed have a right to expect that the burning will not create an unsafe, unhealthy, or hazardous environment for them to be in. An open burning must not create a condition in which a fire hazard is created or a condition in which the open burning can cause a fire to spread beyond its initial area. Therefore, except as provided in this chapter, no person shall set, cause, or allow an open burning without obtaining a permit.

§ 150-2 Definitions.

When used in this chapter, the terms below shall have the following meanings:
NUISANCE
The discharge into the open air of any smoke, soot, fumes, odors, or other emissions which cause injury or detriment, or which endanger the health or safety of the public, or which cause, or are likely to cause, injury or damage to business or property.
OPEN BURNING
The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flue.
OPEN BURNING OFFICIAL
Any person designated by the Town of North Haven under Connecticut General Statutes to enforce the Connecticut Open Burning Regulations, this chapter, and any applicable regulations who is certified by the Commissioner of Environmental Protection to act as a local open burning official.
PROHIBITED MATERIALS
Garbage, paper, grass, metals, plastics, leaves, chemically treated wood, rubber, painted materials, or demolition waste.

§ 150-3 Permit required.

A. 
Except as specified in Chapter 150, no person shall set, cause, or allow an open burning without obtaining an open burning permit from the Open Burning Official.
B. 
An open burning permit shall be required and may be issued by the Open Burning Official for:
(1) 
Fires for the prevention, control, or destruction of diseases and pests, and agricultural burning for vegetation management.
(2) 
Any open burning where the base is greater than three feet and the flames from the base exceed three feet in height at any time.

§ 150-4 Permits generally.

A. 
An application for an open burning permit for any fire described in Chapter 150 shall be made on the forms furnished by the Open Burning Official and each applicant shall explain the purpose of the fire, the nature and quantity of material to be burned, and any other information the Open Burning Official deems necessary.
B. 
An open burning permit issued under this chapter shall be applicable only for the occasion or the purpose for which it has been obtained.
C. 
An open burning permit will only be issued to residential properties greater than 1 1/2 acres in size or land registered as a farm with the Town Clerk of the Town of North Haven.
D. 
Approval of open burning permits shall be subject to such reasonable conditions as are necessary to avoid a nuisance or to protect the health, safety, and comfort of the public, including but not limited to the following:
(1) 
All fires requiring an open burning permit must have the written permission of the property owner(s).
(2) 
Only materials and quantities specified on the open burning permit may be burned.
(3) 
The Open Burning Official may specify on any open burning permit days and hours during which open burning is allowed.
(4) 
A copy of the open burning permit shall be kept in the possession of the applicant at the burning site at all times during said burning. The applicant must follow any special notification and contact instructions as may be specified in the open burning permit. Sufficient tools and equipment necessary to extinguish any open burning must be present and readily available, and a person, physically capable of using those tools and equipment, must be present and in control of said open burning.
(5) 
The Open Burning Official may revoke, in writing, any permit or add any reasonable conditions, specifically identified, if circumstances indicate that, in the Open Burning Official's discretion and judgment, air pollution standards will be violated.
(6) 
Upon notification to a person conducting open burning that the Open Burning Official has determined the open burning to be a nuisance, the open burning shall be immediately extinguished.

§ 150-5 Exceptions.

An open burning permit shall not be required for the following types of fires:
A. 
Barbecues or other outdoor open fires for the cooking of food for human consumption, provided that no other nuisance is created.
B. 
Camp fires or other fires for recreational or ceremonial purposes, provided that the size of such fires does not exceed three feet in any dimension and further provided that no prohibited materials are included, provided that no other nuisance is created. If the dimensions of such fire do exceed said limits, an open burning permit shall be required.
C. 
Fires for training firefighters in firefighting methods.
D. 
Fires in salamanders or other similar devices used by construction workers for warmth or fires essential to street installation or paving activities, the repairing of utilities, or other similar work.

§ 150-6 Denial of permits.

The Open Burning Official shall not issue an open burning permit requested under this chapter when the Open Burning Official determines that:
A. 
A hazardous public health condition will be created by the requested open burning;
B. 
The fire constitutes a salvage operation by open burning;
C. 
A practical and alternative method for the disposal of the material to be burned exists, including but not limited to, the following techniques: chipping, cutting for forest products, landfilling, piling for protective cover for wildlife, and stockpiling;
D. 
Such open burning would interfere with or prevent the attainment or maintenance of a relevant ambient-air-quality standard;
E. 
The forest fire danger, as determined by the State Forest Fire Warden, is high or extreme, and the area is within 100 feet of a woodland or grassland;
F. 
The Commissioner of Environmental Protection has issued an advisory of an air pollution emergency episode stage pursuant to Connecticut General Statutes, as amended; or
G. 
Prohibited materials are to be burned.

§ 150-7 Violations and penalties.

Any person who violates any provision of this chapter shall be subject to the following penalties and fines:
A. 
For the first offense or violation, the Open Burning Official will issue a notice of violation.
B. 
For the second offense or violation, the Open Burning Official will assess a fine of $25 for each separate violation and each successive day thereafter of continued violation.
C. 
The Open Burning Official may, when appropriate, seek enforcement of the provisions of this chapter by injunction and, in such event, the violator shall pay, as damages, all fines due and all court costs, including reasonable attorney's fees, incurred in the prosecution of said action.
D. 
Notwithstanding the foregoing, the Commissioner of Environmental Protection and/or the Open Burning Official reserve the right to seek the penalties set forth in Section 22a-175 of the Connecticut General Statutes.

§ 150-8 Coordination with other provisions; responsibility for damage.

A. 
The provisions in this chapter shall be in addition to all existing municipal ordinances dealing with housing and/or public health, and shall not limit the provisions or enforcement of other applicable local, state, or federal codes, regulations, ordinances, and/or statutes.
B. 
This chapter shall not supersede Connecticut regulations that apply to open burning, outside wood-burning furnaces, or emissions from chimneys from structures. This chapter shall not apply to emissions from chimneys from building structures.
C. 
The issuance of a permit under this chapter in no way relieves the person(s) holding the permit from their responsibility for any damage or injury caused by the open burning they perform to another person's property or person.
D. 
The provisions of this chapter shall not be construed in any way to render the Town of North Haven and/or any of its officers, employees, and/or officials liable for any damage to any person or property by reason of the issuance of any open burning permit.

§ 150-9 Creation and claim of nuisance.

Nothing in any portion of this chapter shall in any manner be construed as authorizing or legalizing the creation or maintenance of a nuisance, and compliance with the permit requirements contained within this chapter is not a bar to a claim of nuisance by any person. A violation of any portion of this chapter shall not be deemed to create a nuisance per se.

§ 150-10 Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this chapter which can be given effect without the invalid provisions or application; and to this end, the provisions of this chapter and the various applications thereof are declared to be severable.