Village of Clayton, NY
Jefferson County
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[HISTORY: Adopted by the Board of Trustees of the Village of Clayton 9-10-2007 by L.L. No. 5-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 70.
Garbage, rubbish and refuse — See Ch. 78.
Zoning — See Ch. 132.
The Board of Trustees of the Village of Clayton hereby determines that the outdoor burning of structures, surplus wood, rubbish, debris, brush, leaves, and all other materials constitutes a hazard to the public and that the potential for personal injury and unintended property damage by fire, smoke and embers is significantly increased by such burning.
This chapter shall apply to all outdoor fire and burning within the incorporated limits of the Village of Clayton.
Except as otherwise provided herein, the disposal of refuse and waste by outdoor burning, bonfires, open fires of any type or burning cans of any type is hereby prohibited within the Village limits of the Village of Clayton. Nothing contained herein shall be construed to prohibit the preparation of meals on small outdoor grills or small outdoor fireplaces, or confined pits. Fires shall be permitted in small devices for very localized heating not to exceed nine square feet. Grills, pits and fireplaces, however, shall not be used for the disposal of refuse and waste.
[Added 7-28-2008 by L.L. No. 4-2008]
Notwithstanding anything contained to the contrary herein, the Village of Clayton Fire Department may be authorized by resolution of the Board of Trustees of the Village of Clayton to conduct scheduled burns for training fire fighters upon submission of proof to the Board of Trustees that proper safeguards will be in place to adequately protect the public health, safety and welfare.
[Added 7-28-2008 by L.L. No. 4-2008[1]]
Notwithstanding anything contained to the contrary herein, the American Legion may conduct flag burning ceremonies for the purpose of properly disposing of discarded American flags on the condition that such burning is conducted with appropriate safeguards to keep the fire, its smoke, sparks and residue contained and not pose a danger to nearby properties or persons, or to the public health, safety and welfare.
[1]
Editor's Note: This local law also provided for the renumbering of former § 49-4 as § 49-6.
Any person, firm or corporation violating any provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000, or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day of continued violation is a separate and distinct offense.