[HISTORY: Adopted by the Town Board of the Town of Lloyd 5-12-2010 by L.L. No. 7-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 54.
Fire prevention — See Ch. 57.
Recycling and solid waste — See Ch. 82.
Trees — See Ch. 95.
Zoning — See Ch. 100.
[1]
Editor's Note: This local law was adopted as Ch. 58 but was redesignated to fit into the structure of the Code.
A. 
The Town Board recognizes that the open burning of materials potentially poses a threat to life and property and that such open burning can cause possible loss of life and damage to other properties and their owners. It is the purpose of this chapter to ensure the safety, health and welfare of the residents and property in the Town by prohibiting the open burning of all materials, except as specifically permitted herein.
B. 
The purpose of this chapter is to prohibit outdoor open fires and burning in the Town of Lloyd except as specifically permitted in this chapter. Environmental Conservation Law § 9-1105 and 6 NYCRR Part 215 authorize the Department of Environmental Conservation (DEC) to authorize permits for landowners to conduct prescribed burn activity and to conduct open burning on the landowner's property, and this chapter does not impede that Department's ability to also regulate outdoor fires.
C. 
Town Law § 130 and Municipal Home Rule Law both also authorize a Town to adopt laws and regulations that would control and prevent fires. While many residential areas are served with central water, not all of these central water facilities are equipped with fire-rated hydrants, capable for use by fire-fighting equipment. Further still, there are many residential neighborhoods whose primary source of water is through private well systems. In the event of an uncontrolled fire, containment of the fire would be entirely dependent on the local volunteer fire company's equipment to control, contain and extinguish the fire.
D. 
The Town Board finds that there is no public benefit to permit all open fires in the Town of Lloyd and hereby determines that the safety, health and general welfare of persons and properties in the Town of Lloyd would be benefited by restricting open "outdoor" burning of materials. The prevention of unregulated outdoor open burning will also have a great effect on the minimization of air pollution, which could have a detrimental effect on the health and the welfare of the residents of the Town as well as eliminating a potential threat to life and property.
E. 
It is not the intent of the adoption of this section of the Code to prohibit the use of outdoor candles (citronella, etc.), barbecue pits, fire pits, outdoor fireplaces or wood, gas or charcoal grills designed and used solely for the preparation of food.
F. 
It is also not the intent of this chapter to prohibit open fires when used by governmental or municipal authorities for the training of personnel in fire-fighting techniques or the use of fire-fighting equipment, or the highway authorities in eliminating excess brush and cut materials for maintenance of highways.
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.
A. 
Any person desiring to burn any material within the Town of Lloyd shall first notify the Town of Lloyd Building Department and the County Emergency Communications Center of the nature and location of the expected burning not less than 24 hours prior to its commencement.
B. 
Tires, fuel oil or other accelerants shall not be used to ignite or sustain any open fire.
C. 
Tree trunks, stumps and roots shall not be burned.
D. 
A restricted open fire shall be undertaken only when the prevailing winds are away from any populated area, and no fire shall be started or continued during heavy winds.
E. 
There shall be no open burning during any stage of an air pollution episode or when a period of "high fire danger" is announced by federal, state or local governmental board, body or agency having jurisdiction thereof.
F. 
The materials to be burned shall be isolated to prevent spreading, and sufficient help must be present at all times to control fire.
G. 
No fire shall be unattended at any time or left unattended until entirely extinguished.
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:
A. 
Parcel owner's name.
B. 
Person performing the burn.
C. 
Location of the parcel.
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.