[HISTORY: Adopted by the Town Board of the Town of Hamlin 10-10-2006 by L.L. No.
7-2006 (Ch. 54 of the 1987 Code). Amendments noted
where applicable.]
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:
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.
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.
Animal and vegetable waste resulting from the handling, preparation,
cooking and/or serving of food.
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.
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
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.
All waste material, including but not limited to garbage,
rubbish, incinerator residue, street sweepings, dead animals and offal.
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.
B.
When not prohibited by other local laws, ordinances or regulations,
or other officials having jurisdiction, the following types of open
burning are permissible:
(1)
Fires in outdoor grills and outdoor fireplaces for the purpose of
preparing food.
(2)
Campfires and fires used solely for recreational purposes and when
a nuisance is not created. The burning of leaves and lawn and garden
debris shall not be considered recreational burning.
(3)
Burning of solid or liquid fuels or structures, when conducted under
the direct control and supervision of qualified instructors and when
done for the instruction and training of firefighters.
C.
Agricultural burning is permissible, provided that a burning permit
has been obtained in advance from the Town Fire Marshal, when burning
is controlled and does not create a nuisance.
D.
The Town Fire Marshal shall be consulted for information on local
laws and/or other restrictions.
A.
For the purposes of this section, the title "enforcement officer"
shall mean the Town of Hamlin Fire Marshal/Assistant Fire Marshal,
the Town of Hamlin Code Enforcement Officer, the Monroe County Sheriff,
the Monroe County Board of Health and any other law enforcement agency
operating in the Town of Hamlin.
B.
Any enforcement officer or fire department responding to open burning
not permitted above shall request any/all parties to extinguish all
items being burned. In the event they are unable or refuse to do so,
the responding fire department will extinguish the fire for them.
C.
If any fire department encounters resistance while attempting to
follow this policy, an enforcement officer should be summoned to assist.
D.
Any person who desires to register a complaint under this section
may do so with any appropriate enforcement officer.
E.
The decision of any enforcement officer shall be reviewable pursuant
to Article 78 of the Civil Practice Law and Rules.
F.
The enforcement officer, subsequent to any appeal having been finally
determined, may bring an action to recover the civil penalty provided
by this chapter.
A.
It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to regulation by
this policy to fail to comply with any of its provisions.
B.
Any person who violates any provision of this chapter shall be guilty
of a violation punishable by a civil penalty not to exceed $1,000.
