[HISTORY: Adopted by the Town Board of the Town of Champlain 1-9-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 76.
Zoning — See Ch. 130.
No person, firm or corporation or any other body owning, controlling or possessing a building, structure or property in the Town of Champlain shall permit, cause, suffer or allow the burning of any material outside of a structure at any time, for any cause, without a permit, as required herein.
It shall be prohibited to open-burn any materials in the Town of Champlain unless a permit has been obtained from the Town Code Enforcement Officer, and the Clinton County Emergency Services has been notified of the time, location and nature of the burn.
A permit may be issued by the Code Enforcement Official to permit the burning of only such trees, brush or other clean untreated wood products and similar material as approved by the Code Enforcement Official.
A. 
An application for a permit shall be submitted on a form provided by the Code Enforcement Officer of the Town of Champlain and shall include such detail as necessary to determine compliance with these regulations. All applications shall be signed. The application shall then be submitted for review to the Code Enforcement Officer, whereby a permit shall be issued if found to be in conformance with these regulations. A copy of the issued permit will be forwarded to the Chief of the applicable Fire Department.
B. 
Permits must be applied for at least 48 hours in advance of the proposed burning event.
C. 
Permits may be revoked upon finding that the regulations and/or conditions attached to said permit, or other applicable laws have not been complied with.
A. 
These regulations shall not apply to the following:
(1) 
Any duly conducted fire department training exercise.
(2) 
The operation of an existing farm practice.
(3) 
Cooking of food in a contained burning pit, barbeque or fireplace as long as such is not a fire hazard.
B. 
However, Subsection A(1) and (2) require notification to Clinton County Emergency Services.
The following conditions are applicable to all permits:
A. 
No petroleum products or material other than wood products shall be used to start or maintain any fire.
B. 
Tree stumps and roots shall not be burned.
C. 
All fires are to comply with all applicable codes, rules and regulations, including but not limited to the New York State Department of Environmental Conservation regulations, the New York State Uniform Fire Prevention and Building Code and the national Fire Protection Association Codes.
D. 
All fires shall be attended at all time, with proper extinguishing equipment.
E. 
The permit holder shall be liable for any damage caused by any fire-suppression activities that may result from any burning action.
F. 
All fires shall be extinguished by order of the Fire Chief or Code Enforcement Officer after complaint or existence of hazardous condition or violation of any of the terms and conditions of the permit.
Violations of any provisions of this chapter shall be punishable as follows:
A. 
First offense: $100.
B. 
Second offense: $500.
C. 
Third offense: $1,500 and/or up to 30 days incarceration in County Jail.