[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where applicable.]
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.
No fires shall be set on or near forestland and left unquenched; no fire shall be set which will endanger the property of another; no person shall set forestland on fire; no person shall negligently suffer fire on his own property to extend to property of another; no person shall use combustible gun wads or carry naked torches on forestlands; no fire shall be set in or near forestland in connection with camping without all flammable material having first been removed for a distance of three feet around the fire; no person shall drop, throw or otherwise scatter lighted matches, burning cigars, cigarettes or tobacco; and no person shall deface or destroy any notice posted containing forest fire warnings, laws or rules and regulations.
All fires for the burning of leaves shall be attended at all times by an adult to control such fires, and no such fires shall be permitted within boundaries of Village roads, streets or highways or in the gutters adjacent thereto.
No person shall deposit and leave brush or flammable material upon the right-of-way of highways in any part of the Village.
Brush, logs, slash or other flammable material shall not be left or allowed to remain on land within 25 feet of the right-of-way of a railroad or within 20 feet of the right-of-way of a public highway.
Open fires for the burning of trash, refuse, rubbish or other discarded material, whether on public or private lands, are hereby prohibited, except by the Town of Woodbury Highway Department. All trash, refuse, rubbish or other discarded material shall be burned in an incinerator or other receptacle constructed in such a manner that no sparks, embers or burning material shall escape into the atmosphere.
The burning of motor vehicles, tires or garbage within the Village of Woodbury is prohibited.
No person shall set, or cause to be set, fires for the purpose of burning logs, sawdust, slabs, brush, stumps, dry grass, leaves or debris within any area of the Village without first obtaining a written permit from the Building Department.
All burning permits shall be subject to the following conditions:
There shall be no burning on Sundays.
All burning, including burning in barrels, shall take place between the hours of 9:00 a.m. to 5:00 p.m.
There shall be no burning of papers, tree stumps, garbage, building materials, pressure-treated wood or hazardous materials.
The site where the burning is to take place shall have an adequate water supply during the period of the burning.
Prior to starting the burning pursuant to the burning permit, the Town of Woodbury Police Department shall be notified.
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.