Village of Fort Edward, NY Chapter 143 Burning, Open

[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 2-4-2002 by L.L. No. 1-2002 (Ch. 63 of the 1985 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 120.

Building code administration and enforcement — See Ch. 127.

Property maintenance — See Ch. 238.

§ 143-1 Purpose.

The purpose of this chapter shall be to prevent the danger to the public health and safety posed by uncontrolled and unregulated outside burning.

§ 143-2 Restrictions.

A. No person or business shall burn, allow or permit the outside burning of any brush, leaves, lumber, plastic, tires, chemicals, trash, garbage, construction demolition, refuse or other related items within the limits of the Village of Fort Edward.

B. The use of burn barrels will be prohibited within the limits of the Village of Fort Edward.

C. Exceptions. The requirements of Subsection A shall not apply where the outside burning operations result from:

(1) Any contained fire set solely for recreational purposes.

(2) Any fire set solely for cooking food.

(3) Any contained fire for ceremonial purposes. All ceremonial fires must be approved by the Village Board.

D. No fire shall be allowed in such a manner that:

(1) The emissions interfere with the reasonable enjoyment of life or property.

(2) The emissions cause damage to vegetation or property.

(3) The emissions are or may be harmful to human or animal health.

E. The Board of Trustees reserves the right to ban all fires within the limits of the Village of Fort Edward due to drought and any other unforeseen circumstance.

§ 143-3 Outdoor grills; fireplaces.

A. Nothing contained herein shall prevent the operation of outdoor grills or fireplaces for the preparation of food or the use of said outdoor grills and fireplaces solely for recreational purposes where such fires are properly controlled and a hazard or a nuisance is not created.

B. The following restrictions apply to fireplaces:

(1) Fireplaces must be constructed so as to prevent the spread of fire and the flying of ashes therefrom.

(2) Newly constructed fireplaces shall not be closer than five feet to any property line, fence or any structure.

(3) Permissible burning in fireplaces must be attended at all times.

§ 143-4 Burning by Village officials or Fire District.

The Village Board may authorize the Highway Superintendent or the Fire District to burn structures, lumber, brush or other items.

§ 143-5 Penalties for offenses.

Any person convicted of violating any provision of this chapter shall be guilty of a violation punishable as follows: a fine of not more than $250 or by imprisonment of not more than 15 days, or by both such fine and imprisonment.