[HISTORY: Adopted by the Town Board of the Town of Warrensburg 4-12-2006 by L.L. No. 4-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 98, Burning, Outdoor, adopted 4-5-1937 as amended.
A. 
The open burning of garbage on the surface of the ground, in pits or in trash burners or barrels creates offensive smoke and odors and results in a residue of unburned garbage which decays and causes offensive odors and attracts flies, rodents and vermin, and is a menace to public health and should be prohibited.
B. 
The unrestricted burning in an open fire of rubbish creates unreasonable risks of harm from brush and forest fires, causes air pollution and is generally an unhealthy and unsafe practice which should be prohibited.
As used in this chapter, the following terms shall have the meanings indicated:
BRUSH
Trees or leaves and needles and branches therefrom, vines, lawn and garden debris.
GARBAGE
Includes waste food; fruit; vegetables; meat; dead animals, birds, or fish, or parts thereof; or any kind of waste material capable of fermentation or decay.
INCINERATOR
Equipment or a device designed specifically for the burning of garbage in such manner or means as to effect complete combustion and burning of garbage, leaving only ash residue.
OPEN FIRE
Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere.
PERSON
Includes an individual, society, club, firm, partnership, corporation, municipality or association of persons; and the singular number shall include the plural number.
RUBBISH
Solid or liquid waste material, including but not limited to paper and paper products, rags, furniture, cans, crockery, plastics, cartons, chemicals, paint, grease, sludges, oils and other petroleum products, wood, sawdust and demolition materials, tires, and automobiles and other vehicles and parts for junk, salvage or disposal.
A. 
No person shall burn, cause to be burned or permit to be burned in the Town of Warrensburg any garbage and/or rubbish by open fire on the ground or in trash burners or barrels or in pits. Trash burners or barrels or pits are prohibited on any lands within the Town of Warrensburg. Garbage shall be disposed of in the Town of Warrensburg by depositing it at an authorized solid waste management facility.
B. 
Open fires used exclusively for the purpose of preparing food will be permitted, provided that the fire is properly contained, appropriately sized and temporary in nature.
C. 
Burning of brush shall only be allowed after a burning permit is obtained from the Town of Warrensburg and issued in accordance with the terms and conditions of this chapter. Burning of brush larger than three inches in diameter is prohibited. Burning of garbage or rubbish in outdoor or indoor recreational fires, outdoor furnaces or boilers is prohibited. Outdoor recreational fires are permitted without a burning permit as long as they are contained within an enclosure that will limit the size of the fire to three feet in diameter and no more than three feet in height.
D. 
Exemption. The Town of Warrensburg Fire Company and its members are exempt from the above laws for training purposes. Acquired structures which are to be used for training must have the asphalt or plastic roofing materials, asphalt or vinyl siding and/or any asbestos materials removed prior to any burning of the structure.
An offense against any of the provisions of this chapter shall be a violation, and upon conviction thereof, such violator shall be subject to a fine of not more than $950 for a first offense, or $950 or imprisonment for a period of not more than one year, or both, for a second offense.