[HISTORY: Adopted by the Council of the City of Watervliet 9-3-2009 by Ord. No.
1850. Amendments noted where applicable.]
This chapter shall hereinafter be known and cited as "Outdoor
Burning, Open Burning and Burning of Refuse."
This purpose of this chapter is to promote the public health,
safety and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the City of Watervliet due to
the air pollution and fire hazards of open burning, outdoor burning
and refuse burning.
A.
This chapter applies to all outdoor burning, open burning and refuse
burning within the City of Watervliet.
B.
This chapter does not apply to grilling or cooking using charcoal,
propane or natural gas in cooking or grilling appliances.
C.
This chapter does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in § 135-4 of this chapter.
D.
This chapter does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector of the City of Watervliet and/or his
designee.
Open burning, outdoor burning, fire(s), recreational fire(s),
and special event fire(s).
Natural, seasoned, and dry firewood which has not been painted,
varnished or coated with a similar material, has not been pressure
treated with preservatives and does not contain resins or glues as
in plywood or other composite wood products.
The Code Enforcement Officer(s) of the City of Watervliet.
The Chief of the Watervliet Fire Department or other person
authorized by the Fire Chief.
The animal and vegetable wastes resulting from the handling,
preparation, cooking, and serving of food.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
Open burning or burning in a manufactured freestanding portable
outdoor fireplace or manufactured fire pit.
A commercially designed and manufactured freestanding portable
outdoor fireplace or manufactured fire pit with screens, lids, and
spark arrestors having openings of not more than 5/8 inch.
The Chief of the Watervliet Police Department or other person
authorized by the Police Chief.
A small outdoor fire on residential property confined to a commercially designed and manufactured freestanding portable outdoor fireplace or manufactured fire pit and in accordance with the requirements of § 135-8 of this chapter.
Solid or liquid waste materials including, but not limited
to, rags, furniture, cartons, chemicals, paint, grease, sludges, oils,
any petroleum products other than legitimate home heating and cooking
products, construction materials including, but not limited to, sheetrock,
chip board, asphalt or fiberglass shingles, or pressure treated lumber,
automobile parts, tires, dead animals or animal parts, metal goods
including, but not limited to, refrigerators, stoves and like appliances,
diapers, yard grass clippings, paper and paper products, packaging
materials, styrofoam, mattresses, cigarette filters, glass, plastic
of any kind and furniture.
A bonfire or any other open air fire kindled to mark a public
event, victory celebration or similar occurrence that does not meet
the criteria of a residential recreational fire.
Open burning, outdoor burning and refuse burning are prohibited
in the City of Watervliet unless the burning is specifically permitted
by this chapter.
The following materials may not be burned in an open fire, outdoor
fire, incinerator, burn barrel or indoor and outdoor incineration
or heating device.
A.
Rubbish or garbage including, but not limited to, food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
B.
Asphalt and products containing asphalt.
C.
Treated or painted wood including, but not limited to, plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives.
D.
Any plastic material including, but not limited to, nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
E.
Rubber, including tires and synthetic rubber-like products.
F.
Newspaper, corrugated cardboard, container board, office paper and
other materials that must be recycled.
G.
Clothing.
H.
Biohazard waste products.
Open and outdoor burning of leaves, weeds, brush, stumps, clean
wood, trees and other vegetative debris is prohibited.
Residential recreational outdoor fires shall be allowed, provided
that it is not contrary to any state law, rule or regulation, under
the following regulations:
A.
In addition to the requirements of § 135-6 above, the burning of lumber, pallets, wooden shingles, scrap wood, brush, tree trimmings, leaves, yard waste, cardboard, paper, garbage, and other similar items is not permitted.
B.
Burning shall be conducted in a safe nuisance-free manner, when wind
and weather conditions are such as to minimize adverse effects and
not create a health hazard or a visibility hazard on residential and
commercial property and roadways. Burning shall be conducted in conformance
with all local and state fire protection regulations.
C.
The fire must be constantly attended and supervised by a competent
adult of at least 18 years of age or older until the fire has been
completely extinguished. Fires must be extinguished to the point of
cold before being left unattended.
D.
A means of extinguishing the fire (i.e., water hose, water in container
or fire hose) must be readily available. Adequate fire protection
shall be on site for extinguishing purposes at all times during burning.
E.
Fires must be contained in a commercially designed and manufactured
freestanding portable outdoor fireplace or manufactured fire pit with
screens, lids, and spark arrestors having openings of not more than
5/8 inch and constructed of noncombustible materials and put together
and used in accordance to the manufacturer's instructions and
shall not exceed three feet in diameter.
F.
Fires contained in a freestanding outdoor fireplace or fire pit must
be located a minimum of 25 feet away from any structure, building
or combustible materials including, but not limited to, houses, garages,
sheds, patios, fences, decks, and woodpiles.
G.
Fires contained in a freestanding outdoor fireplace or fire pit must
be located a minimum of 20 feet of any property line.
H.
The area in which the commercially designed and manufactured freestanding
portable fireplace or manufactured fire pit to be used is located
shall have a surface area of gravel, cinders, cement or similar incombustible
material.
I.
The fire shall be not more than two feet by two feet by two feet
in dimension and shall not burn longer than three hours.
J.
Fires shall only be conducted between the hours of 6:00 p.m. and
11:00 p.m.
K.
Fuel for the fire shall consist only of natural, seasoned, and dry
firewood and shall be ignited with a small quantity of paper. Trash,
rubbish, treated wood, furniture, scrap building materials, leaves
and other similar combustible materials shall not be burned.
L.
Fires shall not be ignited with oil, gas, petroleum product or any
other flammable or combustible liquid accelerant.
M.
The fire shall not be used for waste disposal purposes.
N.
Consent of the property owner is required for all residential outdoor
open burning.
O.
Fires are not permitted on windy days when the smoke may create a
nuisance for nearby neighbors.
P.
Fires are not permitted on commercial or industrial sites or sites
with construction activities.
Q.
No burning shall be conducted during unfavorable meteorological conditions,
including, but not limited to, temperature inversions, high winds,
and extremely dry conditions.
R.
A safe area of at least 10 feet will be maintained around the fire.
S.
Fires are not allowed when the Fire Chief or his/her designee has
duly posted a fire prohibition.
T.
The Fire Chief or his/her designee is authorized, in his/her discretion,
to order that a fire be immediately extinguished under the following
circumstances:
(1)
The fire is left unattended.
(2)
The fire is in the care and control of a person under the age of
18 years of age.
(3)
The fire is being used in a hazardous condition or constitutes a
hazardous condition.
(4)
No method of fire extinguishment is at hand.
(5)
Persons in control of the fire are, in the opinion of the Fire Chief
or his/her designee, incapable of controlling the fire.
(6)
The fire poses a nuisance to surrounding residences and commercial
property.
(7)
The fire generates embers that pose a property hazard to property
or generates smoke or odors that unreasonably interfere with the use
or enjoyment of neighboring property owners.
(8)
The fire, in the opinion of the Fire Chief or his/her designee, is
offensive or objectionable due to smoke or odor emissions when atmospheric
conditions or local circumstances make such fire a hazardous condition
or adds to a hazardous or objectionable situation.
(9)
The fire is not in compliance with any other section of this chapter.
Special event fires shall be allowed, provided that it is not
contrary to any state law, rule or regulation, under the following
regulations:
A.
No person shall kindle or maintain any special event fire without
a permit and approval and authorization must be obtained from the
Fire Chief or his/her designee.
B.
B. Permitted special event fires shall be located not less than 50
feet from any structure.
C.
The allowable quantity to be burned shall be determined by the Fire
Chief or his/her designee based upon the fire safety considerations
of the situation and the desired duration of the burn.
D.
The duration of the special event fire shall be approved and authorized
by the Fire Chief or his/her designee.
F.
A competent adult of at least 18 years of age or older shall be designated
for the safety of the special event fire area. This person must be
identified as the contact person to meet with the Fire Department
for any issue pertaining to the special event fire.
G.
The base of the fire shall not be larger than 10 feet in diameter.
The fire must be enclosed by a barrier set at a distance sufficient
enough to provide maximum safety and be constantly monitored by the
person responsible for scene security.
H.
The Fire Chief or his/her designee has the authority to impose any
other restriction and/or safety precaution pertaining to the special
event fire and such shall be complied with at all times.
I.
An adequate fire suppression source must be immediately available
sufficient to extinguish the fire it is threatens the safety of the
event.
J.
After completion of the event and/or celebration, the fire must be
completely extinguished and a fire watch must be provided for a sufficient
amount of time to ensure that the fire does not rekindle.
No person shall use or maintain a burn barrel in the City of
Watervliet.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
In any situation where an outdoor fire utilized or maintained
by a person poses an imminent danger to public health, safety, and
welfare, the Building Inspector, Code Enforcement Officer, Police
Officer and Fire Department personnel may enter onto the property
and inspect any property for the purpose of ascertaining compliance
with the provisions of this chapter.
A.
The Fire Chief, Police Chief, Building Inspector, and Code Enforcement
Officer and his/her designees are authorized to enforce the provisions
of this chapter.
B.
The Fire Chief, Police Chief, Building Inspector, and Code Enforcement
Officer are authorized to issue appearance tickets for a violation
of this chapter as provided in Article 150, § 150.10, of
the Penal Law of the State of New York.
Any person violating any provision of this chapter shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty. Any person causing any fire damage to any person or property by any violation of this chapter shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.
If any section or specific part or provision or standard of
this chapter or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
person or circumstances, and the City Council hereby declares that
it would have enacted this chapter or the remainder thereof had the
invalidity of such provision or application thereof been apparent.
If any section of this chapter is found by a court to be invalid for
an reason, the decision of the court shall not affect the validity
of any other section, provision or standard of this chapter except
the provision in questions. The other sections of this chapter not
affected by the decision of the court shall remain in full force and
effect.
