[HISTORY: Adopted by the Town Board of the Town of Southport 10-12-1993 by ordinance (Res. No. 208-93) (§ 55.75 of Ch. 55 of the 1975 Municipal Code); amended in its entirety 1-12-2010 by ordinance (Res. No. 34-2010). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 185.
Fire prevention — See Ch. 245, Art. II.
Solid waste disposal — See Ch. 444, Art. I.
As used in this chapter, the following terms shall have the meanings indicated:
CAMP FIRE
A camp fire or any other outdoor open fire less than three feet in height, and less than four feet in length and width or diameter, using only untreated wood or charcoal as fuel.
GARBAGE
Includes animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
OPEN FIRE
Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in barrels or modified barrels. Open fires do not include burning in outdoor furnaces or boilers that are used to heat buildings when the devices are actually used for such purpose and installed and used pursuant to § 525-106 of this Code.[1]
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular shall include the plural.
RUBBISH
Includes solid or liquid waste material, including but not limited to rags, trees or leaves, needles, and branches therefrom, vines, lawn and garden debris, furniture, cans, crockery, plastics, chemicals, paint, grease, sludges, oils and other petroleum products, wood, sawdust, demolition materials, tires, and automobiles and other vehicle parts for junk, salvage or disposal. Rubbish shall not include garbage, incinerator residue, street sweepings, dead animals or offal.
[1]
Editor's Note: See Ch. 525, Zoning, § 525-106.
A. 
No persons shall burn, cause, suffer, allow or permit the burning of rubbish or any other materials as herein defined in an open fire in the Town of Southport, County of Chemung, New York, except:
(1) 
The use of barbecue grills and similar outdoor cooking devices, when fired by natural gas, liquid petroleum gas, or charcoal, when actually used for cooking or processing food.
(2) 
Small fires that are used to dispose of a flag or religious item, and small fires or other smoke-producing process where not otherwise prohibited by law that are used in connection with a religious ceremony.
(3) 
Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization.
(4) 
Open fires authorized by § 239-2B and C.
(5) 
A camp fire as defined by § 239-1, which is under adult supervision at all times until extinguished, and is placed at least 20 feet from all structures and all real property boundary lines.
B. 
Ceremonial or celebratory bonfires where not otherwise prohibited by law are allowed, provided that:
(1) 
A permit application, which describes the location and nature of the fire, and describes the life and property safety measures that will be used, is filed with the Code Enforcement Officer not less than 14 calendar days prior to the proposed fire; and that
(2) 
A permit is issued by the Code Enforcement Officer prior to or on the date of the fire; and that
(3) 
Only untreated wood or other agricultural products are used as fuel and the fire is not left unattended until extinguished.
C. 
The owner or occupant of any real property located in those areas of the Town of Southport zoned agricultural (AR) by Chapter 525, Zoning, of the Code of the Town of Southport shall be allowed to burn the following in an open fire where not otherwise restricted by law:
(1) 
On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use, provided such waste is actually grown or generated on those lands and such waste is capable of being fully burned within a twenty-four-hour period.
(2) 
The use of liquid-petroleum-fueled smudge pots to prevent frost damage to crops.
(3) 
On-site burning of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between May 15 and the following March 15.
(4) 
Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a three-hundred-foot radius (whichever is bigger) may be burned in a training exercise.
(5) 
Maple sugar arches and similar outdoor food processing devices when actually used for processing food.
No person shall cause or allow emissions from any allowed outdoor open fire of smoke or air contaminants of such quantity, characteristic or duration which are injurious to human life or which unreasonably interfere with the comfortable enjoyment of life.
This chapter of the Town of Southport Municipal Code shall be enforced by the Chemung County Sheriff's Department, the Code Enforcement Officer of the Town of Southport, the Fire Prevention Officer, or any other law enforcement officer of the State of New York.
See Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Southport.