[HISTORY: Adopted by the Town Board of the
Town of Malta 12-1-1997 by L.L.
No. 3-1997. Amendments noted where applicable.]
Open burning of materials can pose a threat
to life and property in the Town of Malta if not properly controlled.
Such burning can cause air pollution which can have detrimental effects
on a citizen's health. Such burning can spread and cause damage and
possible loss of life to other properties and their owners. It is
the purpose of this chapter to provide for the safety, healthy protection
and general welfare of persons and property in the Town of Malta by
restricting the open burning of combustible materials. It is not the
intent of this chapter to prohibit recreational burning if proper
precautions are followed.
Except as permitted elsewhere in this chapter,
the following materials shall not be allowed to be burned in an open
fire:
Nothing contained in this chapter shall pertain
to the operation of outdoor grills or fireplaces for the preparation
of food where the source of heat is either wood, charcoal or gas.
A.
No person, partnership or corporation shall burn or
allow to be burned any combustible materials when the Town Fire Marshal
has duly posted a fire prohibition.
B.
Burning is not allowed on the day the following holidays
are observed; Memorial Day, 4th of July and Labor Day.
C.
No burning is allowed within 50 feet of a property
line.
Burning in an open fire, provided that it is
not contrary to any other law, will be allowed as follows:
A.
Land clearing/cleanup and/or demolition material consisting
of clean wood, trees, tree trimmings, leaves or brush. Such burning
shall be done only on the site where the materials are generated,
provided that the Town of Malta is exempt from the requirements of
this sentence.
B.
Bonfires for recreational purposes with a flame height
not to exceed five feet.
C.
Prior to any open burning the proper fire company
and the County Sheriff's office shall be notified. Such notification
shall include the location and time of the burn. The Sheriff's office
shall also be notified when the burn is completed.
D.
Open fires allowed under this section shall be attended
at all times by a responsible adult.
E.
Appropriate fire-extinguishing equipment, as designated
by the Fire Marshal, shall be available at all times during the burn.
A.
Burning allowed under this chapter does not relieve
the person conducting the burn from the responsibility of courtesy
to neighbors, nor does it relieve him/her from the responsibility
of not interfering with the enjoyment of life or property of others.
It is his/her responsibility to take steps that assure no off-site
nuisances from smoke, embers, etc., occur.
B.
The Fire Marshal can order any fire extinguished if
he deems proper responsibility is not being exercised.
C.
This chapter does not relieve the person performing
the burn of the responsibility of obtaining any other permits required
by state or other agencies.
Enforcement of this chapter shall be by the
Town of Malta Fire Marshals.
A.
A first violation of this chapter is a first offense,
punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed 15 days, or both. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose, all provisions
of law relating to misdemeanors shall apply to such violation. In
addition thereto, the Town authorities shall have such other remedies
as are provided by law to restrain, correct or abate any violation
of this chapter.
B.
For a second offense within five years of the first
offense, there shall be a fine of not less than $350 and not more
than $700 or not exceeding six months' imprisonment, or both.
C.
For a third or subsequent offense within a five-year
period, there shall be a fine of not less than $700 and not more than
$1,000 or not exceeding six months' imprisonment, or both.
As used in this chapter, the following terms
shall have the meanings indicated:
The Town of Malta Fire Marshals are the chief firematic officers of the fire companies contracting with the Town for fire protection. A Fire Marshal is responsible for seeing that burning is done in compliance with Chapter 65. A Fire Marshal is responsible for issuing burn prohibitions when conditions so dictate. A Fire Marshal is responsible for having all fires extinguished that are burning unsafely. A Fire Marshal has the authority to issue appearance tickets for violations of Chapter 65.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
Any outdoor fire or outdoor smoke producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
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, sludge, 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.
