It is the intent of this chapter to protect
the general health, welfare and safety of the people of the Village
of Woodbury by prohibiting open fires which are dangerous to life
and property.
The Village Board has determined that people
are permitting open fires for burning of trash, refuse, rubbish or
other waste or discarded material despite the fact that such activities
are prohibited by the Environmental Conservation Law § 9-1105.
The Village Board also has determined that in many instances it is
necessary to control such open burning within a reasonable period
of time, whereas the enforcement of the Environmental Conservation
Law results in an indeterminate delay for an extended period of time
before the violator is prosecuted. Therefore, in order to expedite
the prosecuting of those who maintain open fires which jeopardize
the lives and property of the residents of the Village of Woodbury,
the Village Board finds it necessary to enact legislation which shall
afford such protection.
If, in the opinion of the Woodbury Fire Marshal
or the Woodbury Fire Chief, weather conditions are such that the starting
or the continuation of burning is a risk to life or property within
the Village, either the Fire Marshal or the Fire Chief shall have
the right to declare that any and all burning shall cease until further
notice.
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuance of
an offense for each day (24 hours) shall be deemed a distinct and
separate violation.
To the extent that state or county law is more
restrictive with respect to outdoor burning, the more restrictive
laws shall control.