[HISTORY: Adopted by the Board of Trustees of the Village
of Central Square 6-24-2013 by L.L. No. 4-2013. Amendments noted where
applicable.]
This Chapter 164 shall be known as the "Open Burning Law."
As used in this chapter, the following terms shall have the
meanings indicated:
A structure donated or loaned from a property owner for the
purpose of conducting fire training.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation and timber processing. Such farm operation may consist of
one or more parcels of owned or rented land, which parcels may be
contiguous or noncontiguous to each other.
Any waste from naturally grown products such as vines, trees
and branches from orchards, leaves and stubble. In addition, any fully
organic waste either grown or generated on the premises, including
but not limited to paper feed bags, wood shavings used for livestock
bedding, bailing twine, and other non-plastic materials. "Agricultural
waste" does not include pesticide containers, large plastic storage
bags (including bags commonly known as "Ag bags"), offal, tires, plastic
feed bags, and other plastic or synthetic materials.
A camp fire or any other outdoor open fire less than three
feet in height, and less than four feet in length and width or diameter.
The Village Code Enforcement Officer or any other enforcement
officer of a police agency with jurisdiction within the Village.
The burning of material, grown or generated on a particular
property, in an open fire on the same property. For purposes of this
definition, the same property shall include only property that is
geographically contiguous and under the control or ownership of the
same person.
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
Open fires include burning in barrels or modified barrels. Open fires
do not include burning in outdoor furnaces or boilers that are used
to heat buildings when the devices are actually used for such purpose.
For the purposes of this chapter, any wood or lumber which
is not chemically treated, coated, stained, sealed, glued or otherwise
adulterated. Untreated wood does not include such materials as pressure-treated
lumber, plywood, particle board, fiberboard, and oriented strand board.
Except as allowed by § 164-4 of this chapter, no person shall burn, cause, suffer, allow or permit the burning of any material in an open fire.
Burning in an open fire, provided it is not contrary to or in
violation of any other specific provision hereof, or to any other
federal, state, county or local law(s) or regulation(s) is permitted
as follows:
A.
On-site burning in the Village of Central Square of downed limbs
and branches (including) branches with attached leaves or needles
less than six inches in diameter and eight feet in length from May
15 to March 15.
B.
Barbecue grills, maple sugar arches and similar outdoor cooking devices
when actually used for cooking or processing food. Fire is limited
to the minimal size necessary and contained in the device or cooking
utensil commonly referred to as a grill or hibachi and designed for
cooking purposes. Fuels for outdoor cooking will be limited to charcoal
and charcoal briquettes, untreated wood, natural gas and LP gas. All
applicable and/or reasonable safety precautions shall be taken when
using said devices or utensils. Outdoor cooking will not be permitted
on balconies, covered porches, covered patios or in or on multiple-dwelling
structures.
C.
Small fires used for cooking and campfires or similar size recreational
fires, provided that only charcoal or untreated wood is used as fuel
and the fire is not left unattended until extinguished. Only natural
gas or LP gas outdoor fireplaces or fire pits with ceramic logs are
permitted, provided that such appliance conforms to all other applicable
Village codes.
D.
On-site burning of agricultural wastes as part of a valid agricultural
operation on contiguous agricultural lands larger than five acres
actively devoted to agricultural or horticultural use, provided such
waste is actually grown or generated on those lands and such waste
is capable of being fully burned within a twenty-four-hour period.
E.
The use of liquid petroleum fueled smudge pots to prevent frost damage
to crops.
F.
Ceremonial or celebratory bonfires where not otherwise prohibited
by law, provided that only untreated wood or other agricultural products
are used as fuel and the fire is not left unattended until extinguished.
G.
Small fires that are used to dispose of a flag or religious item,
and small fires or other smoke producing process where not otherwise
prohibited by law that are used in connection with a religious ceremony.
H.
Burning on an emergency basis of explosive or other dangerous or
contraband materials by police or other public safety organization.
I.
Prescribed burns performed according to Part 194 of the New York
State Department of Environmental Conservation Regulations which Part
194 regulates the intentional setting of forestland on fire under
carefully controlled conditions as authorized by the New York State
Department of Environmental Conservation.
J.
Fire training, including firefighting, fire rescue, and fire/arson
investigation training, performed under applicable rules and guidelines
of the New York State Department of State's Office of Fire Prevention
and Control. For fire training performed on acquired structures, the
structures must be emptied and stripped of any material that is toxic,
hazardous or likely to emit toxic smoke (such as asbestos, asphalt
shingles and vinyl siding or other vinyl products) prior to burning
and must be at least 300 feet from other occupied structures. No more
than one structure per lot or within a three-hundred-foot radius (whichever
is bigger) may be burned in a training exercise.
K.
Individual open fires as approved by the Director of the Division
of Air Resources of the New York State Department of Environmental
Conservation as may be required in response to an outbreak of a plant
or animal disease upon request by the Commissioner of the Department
of Agriculture and Markets, or for the destruction of invasive plant
and insect species.
L.
Individual open fires that are otherwise specifically authorized
under the environmental conservation law, or by rule or regulation
of the Department of Environmental Conservation.
C.
The Code Enforcement Officer has the right to inspect and limit the
amount of material that may be burned.
D.
Proper safety precautions must be taken before and as a condition
of any burning taking place. These precautions include:
(1)
Material to be burned and the fire location shall be at least 15
feet (container fire) or 25 feet (recreational fire) from the nearest
structure including that of property owner.
(2)
Water and/or other suitable extinguisher agent shall be within 20
feet of the fire at all times (which could include water barrel, sand,
dirt, minimum of a 4A rated portable fire extinguisher).
(3)
Where an open burning permit is required hereunder, the fire shall
be supervised by the persons to whom the permit was issued until the
fire is completely extinguished.
(4)
Ensuring emissions, smoke or fumes do not interfere with the reasonable
enjoyment of life or property, do not cause damage to vegetation or
property, and are not harmful to human or animal health or otherwise
constituting a public nuisance or violation of any other federal,
state, county or local law regulating such emissions.
E.
Any person who violates any of the foregoing restrictions shall be
deemed to have committed a violation. Any Enforcement Officer may
issue appearance tickets or take such other action as is appropriate
to address the foregoing.
F.
Open burning that is approved/allowed/legal can only be between the
hours of 6:00 a.m. and 11:00 p.m.
G.
Such fires must be continually supervised by at least an unimpaired,
18 years of age or older, that is capable of supervising fires or
must be attended by at least one adult 18 years of age or older that
is not impaired, not under the influence of alcohol or drugs nor disability
that would impair ability to supervise or extinguish such fires if
needed.
Any person who commits or permits the commission of any act
in violation of any of the restrictions of this chapter shall be guilty
of a violation and subject to a fine of not more than $250 or imprisonment
for not more than 15 days, or both fine and such imprisonment. Each
twenty-four-hour period a violation continues to exist shall constitute
a separate violation.
