As used in this chapter, the following words shall have the
meanings specified below:
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
INCINERATOR
Any steel, cast-iron, masonry or wire receptacle with solid
or perforated sides, fronts, and backs (any such perforations not
exceeding one inch on a side or in diameter), equipped with a spark
arrestor or cover sufficient to prevent the escape of sparks or embers,
with no openings or perforations exceeding one inch on a side or in
diameter and with any draft doors or other openings protected with
a one-inch-mesh wire screen or equivalent.
OPEN FIRE/BURNING
Any outdoor fire or burning or outdoor smoke-producing process
from which air contaminants are emitted directly into the outdoor
atmosphere, other than by a fire in stove, oven, furnace or incinerator
designed and constructed for the burning of material. The term "open
fire" shall not be deemed to include fires in barbecue pits, outdoor
candles (citronella, etc.), outdoor fireplaces and wood, gas or charcoal
grills designed and used for the purpose of cooking food for human
consumption, and shall not include the use of a fire in a fireplace
by recognized organizations such as Girl Scouts or Boy Scouts or Fire
Department, where such fireplace is used under the constant supervision
of responsible officials of such organizations.
PROTECTED FIRE
Any fire contained within a stove, furnace, incinerator or
device that fully contains such fire and is so designed and constructed
as to prevent spreading of the fire or the discharge of burning particles
or materials into the atmosphere. The term "protected fire" shall
be deemed to include fires in barbecue pits, outdoor candles (citronella,
etc.), outdoor fireplaces and wood, gas or charcoal grills designed
and used for the purpose of cooking food for human consumption, and
shall include the use of a fire in a fireplace by recognized organizations
such as Girl Scouts or Boy Scouts or Fire Department, where such fireplace
is used under the constant supervision of responsible officials of
such organizations.
REFUSE
All waste material, including, but not limited to, garbage,
rubbish, incinerator residue, street sweepings, dead animals and offal.
RUBBISH
Solid or liquid waste material, including, but not limited
to, paper and paper products; rags; furniture; cans; crockery; plastics;
cartons; chemicals; paint; grease; slugs; oils and other petroleum
products; wood; sawdust; demolition materials; tires; automobiles
and other vehicles and parts, for junk, salvage or disposal.
It shall be unlawful for any person to light, permit or maintain
an open fire within the Town of Lloyd for any purpose without a permit
from the Building Department on a form supplied by the Building Inspector.
Notwithstanding the foregoing protected fires, the following
open fires shall be permitted in accordance with a permit issued by
the Town of Lloyd Fire Inspector upon a written application:
A. A bonfire or other open fire sponsored by a school or other governmental
entity or by private organizations such as the Boy Scouts, Girl Scouts,
Little League, fire companies, etc., in connection with programs and
activities conducted by such entities and organizations.
B. Open fires used in connection with farmland clearing or other farm
purposes shall be allowed with a permit through the Department of
Environmental Conservation (DEC).
C. All permits are subject to the permitted DEC open burning allowances
for types of materials to be burned and dates of burning.
An application for a permit shall include:
B. Person performing the burn.
D. Description of the material to be burned.
E. Description of the logistics of the burning activity, the number
of persons present, the first management equipment that will be available
to ensure the burn is restricted to the area(s) prescribed for burn
management.
F. Description of the fire-suppression activities to be immediately
implemented should the prescribed burn threaten to escape or actually
escape beyond the boundaries identified for such burn.
G. Signature of compliance that the burn will be completely extinguished,
and a description of the manner for accomplishing the extinguishments,
at the completion of the burn.
No permit issued under this chapter shall authorize an open
fire unless it shall be constantly supervised and contained until
completely extinguished.
This chapter will be enforced by any Code Enforcement Officer
and any police agency having jurisdiction within the Town of Lloyd.
A failure to comply with this chapter and/or the conditions
of the burn permit shall constitute a violation. A first violation
of this chapter shall be an offense, punishable by a fine in the amount
up to $250 for the first such offense, $300 and revocation of the
permit for the second offense in the same calendar year, in addition
to up to 10 days in jail. All subsequent offenses shall carry a fine
up to $1,000 and up to 15 days' imprisonment.