[Adopted 6-24-1997 by L.L. No. 5-1997; amended in its entirety 9-22-1998 by L.L. No. 4-1998]
As used in this article, the following terms
shall have the meanings indicated:
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.
Any business, trade or industry engaged, in whole or in part,
in salvaging or reclaiming any product or material.
[Amended 10-25-2016 by Ord. No. 18-2016[1]]
No person, firm or corporation shall build any outdoor fire within the corporate limits of the City of Gloversville unless the subject fire falls under one of the exceptions set forth in § 102-78 herein or unless the owner of the property has a valid permit in place as set forth in § 102-79 herein. The Fire Chief or representative of the Fire Department command personnel is permitted to prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous. If in the opinion of the Fire Chief or Fire Department command personnel such conditions or circumstances exist, then he/she shall have the authority to declare that any and all burning shall cease and desist immediately until further notice.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
Outdoor cooking over a fire contained in a device or structure
designed for such use.
A.
Material used to make a cooking fire cannot be construction debris,
trash, or rubbish.
B.
All cooking devices must be in good working condition to prevent
the possible spread of fire.
C.
For all two-family and multifamily dwellings, more than one story
in height, the use and/or storage of any propane or charcoal portable
cooking device or any portable fireplace device is strictly prohibited
above the first floor occupancy.
D.
For all two-family and multifamily dwellings more than one story
in height, the use of any open or closed outdoor cooking device, any
portable fireplace device, or any open flame device is prohibited
within 15 feet of the structure on the ground floor or any combustible
material on the ground.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
[Amended 10-25-2016 by Ord. No. 18-2016[1]]
A.
Any person who wishes to have a recreational fire in a portable fireplace
or similar device must obtain a permit prior to such a fire. The permit
shall contain the name and address of the location where the portable
fireplace or similar device is to be used. Such permit is not transferable
to any other person or location. Any permit issued shall be valid
for no more than one year. A nonrefundable fee in the amount of $25
is required to be paid at the time any permit application is submitted.
No inspection by any representative of the Fire Department shall be
made or shall any permit be issued unless said fee is paid in advance,
and said fee shall be nonrefundable even in the event that a permit
application is subsequently denied.
B.
The permit specified in Subsection A shall require an annual fee of $25 to be paid to and collected by the City Clerk. Upon the issuance of any permit, a copy of this article shall be provided to the applicant at the time that the permit is issued.
C.
Once a permit has been issued, any time that a recreational fire
is started, the permit must be readily available and must be produced
upon demand to any member of the Gloversville Fire Department or Building
Inspector.
D.
Any recreational fire, portable fireplace or similar device not in
compliance with all the terms of this article may, in addition to
any other penalties, result in the permanent revocation of the permit.
E.
Permits for recreational fires shall be issued only to the property
owner. The owner shall be responsible to provide copies of the permit
to any tenants and the owner shall be responsible in assuring that
any tenants remain in compliance with the permit. Nothing herein shall
limit the City from pursing a violation against the owner, tenant,
or both the owner and tenant.
F.
The City is authorized to revoke any permit upon its discretion to
assure the safety of the public at large.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
[Amended 10-25-2016 by Ord. No. 18-2016[1]]
The following controls and restrictions are applicable to any outdoor fires regardless as to where the fire falls under an exception as provided under § 102-78 or in the event of any permit issued pursuant to § 102-79 herein.
A.
The use of a burn barrel or similar nonapproved device is illegal.
B.
A portable fireplace is a structure or device intended to contain
and control outdoor wood fires. This shall include a structure, which
may or may not be a portable, manufactured fireplace or similar device,
is designed to contain and control outdoor wood fires. The device
shall have a screen or other protective cover to prevent sparks and
embers from being distributed.
C.
No recreational fire may be started or allowed to continue burning
unless such recreational fire is contained in an approved fireplace
or similar device.
D.
No recreational fire, portable fireplace or similar device shall
be closer than 15 feet from any building, structure, shed, garage,
fence, or any combustible material.
E.
All recreational fires shall not have a diameter larger than two
feet nor may the fire extend more than one foot above the burning
surface. The fireplace or similar device shall be surrounded on the
outside by a noncombustible material such as concrete block or rocks
and placed upon a noncombustible surface. The device must be used
in accordance with the manufacturer's specifications and these regulations.
F.
No recreational fire shall be started or allowed to continue burning
when the wind direction or wind speed will cause smoke, embers, or
other burning materials to be carried by the wind toward any building
or other combustible materials. Smoke from any recreational fire shall
not create a nuisance for neighboring property owners. The fire shall
be completely extinguished immediately upon the complaint of any nuisance
smoke.
G.
Material for recreational fires, portable fireplaces or similar devices
shall not include rubbish, garbage, recyclable items, paper/cardboard
(other than what is needed to start the fire), yard debris, construction
debris, pressure-treated wood, trash, any material made of or petroleum-based
materials, and shall not contain any flammable or combustible liquids,
except for devices which are designed to burn LP gas. Such LP gas
devices shall not use the LP gas as an accelerant for other flammable
materials.
H.
Material for recreational fires shall be only seasoned firewood or
manufactured logs such as a "Dura-Flame" log.
I.
The device shall not be used on a combustible surface such as a wooden
deck.
J.
The device shall not be used on any balcony, porch, or deck above
grade level.
K.
Adequate fire suppression equipment shall be immediately available
to control or extinguish the recreational fire, such as a fully functioning
fire extinguisher or garden hose connected to an unlimited water source.
L.
All recreational fires, portable fireplaces or similar devices shall
be attended at all times by at least one responsible person of age
18 or older from the ignition of the fire until the fire is completely
extinguished.
M.
The property owner and/or person who has started any recreational
fire shall hold the City harmless from any damages caused by a recreational
fire.
N.
Any party who has started or maintains a recreational fire as defined
shall pay any and all costs incurred by the Fire Department for any
service-related call as a result of a recreational fire not in compliance
with these requirements, if deemed necessary by the Fire Chief.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
[Added 10-25-2016 by Ord.
No. 18-2016[1]]
No materials may be burned upon any street, curb, gutter, sidewalk,
or other public place.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
[Added 10-25-2016 by Ord.
No. 18-2016[1]]
Any persons, including an owner or tenant or guest, utilizing
and maintaining outdoor fires may be responsible for any liability
resulting from damage caused by his/her fire.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
[Amended 10-25-2016 by Ord. No. 18-2016[1]]
Any person who violates any provision of this article shall,
upon conviction thereof, be guilty of a violation and shall be subject
to a fine not to exceed $1,000 or imprisonment for a term not to exceed
15 days or both.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
