[HISTORY: Adopted by the Governing Body of the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as Ch. 72 of the 1983 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this chapter.
As used in this chapter, the following terms shall have the meanings indicated (see the Fire Code of New York State):
BONFIRE
An outdoor fire utilized for ceremonial purposes.
FIRE PIT
Can vary from an elaborate gas-burning structure of stone, brick and metal. The common feature of fire pits is that they are designed to contain fire and prevent it from spreading. The size of the pit can be no larger than three feet in diameter, and no taller than two feet in height.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
A. 
Open fires used for the preparing of food for human beings, campfires or recreational fires confined to a fire pit are permitted, provided that such fires do not create a nuisance, and no person shall burn or cause or permit to be burned in the open any matter, including but not limited to trash, rubbish, leaves, garbage, grass, refuse, trees, automobiles, rubber, railroad ties, materials resulting from the demolition, wrecking or construction of buildings, materials for salvage purposes, or other wastes so as to cause the emission of an air contaminant into the atmosphere of the Town/Village of East Rochester.
B. 
Permitted fires must comply with the following:
(1) 
Must be cleaned firewood.
(2) 
Someone over the age of 18 must be present at all times.
(3) 
A source of water must be available at all times.
(4) 
No new materials shall be added after 10:00 p.m.
(5) 
The fire must be extinguished before being abandoned.
(6) 
The approved appliances must follow these same rules and shall not be placed on any combustible surfaces (decks, porches, tables, etc.).
C. 
Nuisances. Fire could create a nuisance. Smoke and/or odors may be considered a nuisance. Any fire causing the Fire Department or Police Department to be called may be considered by the responding official as a nuisance fire. Nuisance fires shall be extinguished immediately.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.