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Village of Asharoken, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken 4-5-2022 by L.L. No. 3-2022[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 70, Fire Prevention, adopted 6-12-1926, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
BEACH BRUSH
The accumulation of natural wood or seagrass materials that are deposited upon the beach due to tidal activity.
BEACH FIRE
The burning of any materials on a beach for pleasure, religious, ceremonial, cooking, warmth or similar purposes, other than a Fourth of July bonfire.
FOURTH OF JULY BONFIRE
A fire on a beach on the evening of the Fourth of July or alternate rain date, after 8:00 p.m.
OUTDOOR FIRE
The burning of any materials outside of a building on lands other than a beach.
A. 
No person shall set, kindle, start, fuel or continue an outdoor fire that is not enclosed in an outdoor fireplace, fire pit, barbeque grill or barbeque smoker.
B. 
Only barbeque briquettes, natural or seasoned wood or wood pellets, propane or natural gas can be burned in an outdoor fireplace, fire pit, barbeque grill or barbeque smoker.
C. 
The only liquid that can be used to start a permitted outdoor fire is barbeque lighter fluid.
D. 
A permitted outdoor fire shall not emit excessive smoke that unreasonably interferes with the use and enjoyment of other property.
A. 
Except as provided in Subsection B hereof, no person shall set, kindle, start, fuel or continue a beach fire except as permitted in accordance with the following regulations:
(1) 
A beach fire shall not be started, kindled or maintained if the prevailing wind is onshore.
(2) 
A beach fire shall not be started or maintained less than 25 feet from any beach grass, vegetation, bulkhead, tent, fence, building, decking, permanent structure, combustible furniture or equipment, nor within 120 feet of any piping plover nesting area.
(3) 
A beach fire must be centered on the beach, equidistant from neighboring properties or on property line if neighbors are sharing a beach fire, and near the mean high water line.
(4) 
A beach fire shall not have a total fuel area greater than three feet per side or diameter and two feet in height, measured from the natural grade.
(5) 
A beach fire can only burn whole, natural wood. No chemically treated wood, green wood, or painted wood or wood containing nails, nor wood or plastic pallets shall be used.
(6) 
Metal, plastic or glass shall not be placed or thrown into a beach fire.
(7) 
A beach fire shall always be attended by at least one person aged 16 or older. A shovel and rake shall be available to extinguish the fire if necessary and for restoring beach to original or pre-fire condition.
(8) 
A police officer may require that a beach fire be extinguished or not ignited when deemed to be dangerous due to location, wind condition, size, or whenever atmospheric or other circumstances present an increased fire hazard that threatens public safety.
(9) 
The Mayor, Deputy Mayor or a police officer has the authority to prohibit a beach fire based on the location of mean high water at time of the beach fire.
(10) 
A beach fire shall be fully and completely extinguished upon conclusion of the purpose for which it was started. No burning, smoldering, smoking, hot embers or debris shall be left on the beach. All fire debris must be removed and disposed of properly and the site must be restored to its natural condition at the conclusion of the fire.
B. 
Cooking in an enclosed barbecue grill, barbeque smoker or fire pit on a beach is permitted in accordance with the restrictions set forth in § 70-2.
No person shall set, kindle, start, fuel or continue a Fourth of July bonfire except as permitted in accordance with the following regulations:
A. 
A Fourth of July bonfire shall not be started, kindled or maintained if the prevailing wind is onshore.
B. 
A Fourth of July bonfire shall not be started or maintained less than 50 feet from any beach grass, vegetation, bulkhead, tent, fence, building, decking permanent structure, combustible furniture or equipment, nor within 120 feet of any piping plover nesting area.
C. 
A Fourth of July bonfire must be centered on the beach, equidistant from neighboring properties or on property line if neighbors are sharing a beach fire, and near the mean high water line.
D. 
A Fourth of July bonfire fire shall not have a total fuel area greater than four feet per side or diameter and six feet in height measured from the natural grade, and shall be constructed in an upright configuration.
E. 
A Fourth of July bonfire can only burn whole, natural wood. No chemically treated wood, green wood, or painted wood or wood containing nails, nor wood or plastic pallets shall be used.
F. 
Metal, plastic or glass shall not be placed or thrown into a Fourth of July bonfire.
G. 
A Fourth of July bonfire shall always be attended by at least one person aged 16 or older. A shovel and rake shall be available to extinguish the fire if necessary and for restoring beach to original or pre-fire condition.
H. 
A police officer may require that a Fourth of July bonfire be extinguished or not ignited when deemed to be dangerous due to location, wind condition, size, or whenever atmospheric or other circumstances present an increased fire hazard that threatens public safety.
I. 
The Mayor, Deputy Mayor or a police officer has the authority to prohibit a Fourth of July bonfire based on the location of mean high water at time of the Fourth of July bonfire.
J. 
A Fourth of July bonfire shall be fully and completely extinguished upon conclusion of the Fourth of July celebration. No burning, smoldering, smoking, hot embers or debris shall be left on the beach. All fire debris must be removed and disposed of properly and the site must be restored to its natural condition at the conclusion of the fire.
The gathering of beach brush to form piles other than for a beach fire is prohibited.
A. 
It shall be the duty of the Asharoken Police Department to enforce the provisions of this chapter.
B. 
Any person or entity, or their agents or representatives, who violates any section of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed $500 for the first violation, and by a fine not less than $500 nor more than $750 for a second violation, and by a fine not less than $750 nor more than $1,000 for a third or succeeding violations.