This chapter shall be known and cited as the "Open Burning Control
Law of the Town of Hamlin."
It is the policy of the Town of Hamlin to control open burning
consistent with the public health, welfare and comfort of the residents
of the Town and with the protection of property and to protect the
air resources of the Town of Hamlin from pollution.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL BURNING
Burning of tree trimmings, insect-infested or diseased vegetation,
and material cultivated from land-clearing materials consisting of
trees, tree trimmings, leaves or brush from on-premises agricultural
operations and wood products, when burning is controlled and does
not create a nuisance.
AGRICULTURAL OPERATIONS
An operation that includes the land and on-farm buildings,
equipment and practices which contribute to the production, preparation
and marketing of crops, livestock and livestock products as a commercial
enterprise.
GARBAGE
Animal and vegetable waste resulting from the handling, preparation,
cooking and/or serving of food.
NUISANCE
Consists of conduct or omissions which offend, interfere
with or cause damage to the public in the exercise of rights common
to all such as to offend public morals, interfere with use by the
public of a public place, or endanger or injure the property, health,
safety or comfort of the public.
OPEN FIRE and/or OPEN BURNING
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
PERSON
Any individual, public or private corporation, political
subdivision, agency, board, department or bureau of the state, municipality,
partnership, association, firm, trust, estate or any other legal entity
whatsoever that is recognized by law as the subject of rights and
duties.
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; sludges; oils and other
petroleum products; wood; sawdust; demolition materials; tires; and
automobiles and other vehicles and parts for junk, salvage or disposal.
"Rubbish" shall not include garbage, incinerator residue, street sweepings,
dead animals or offal.