[HISTORY: Adopted by the Town Board of the Town of Clifton
Park 4-19-2010 by L.L. No. 4-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 73.
[1]
Editor's Note: This ordinance also repealed former Ch.
80, Burning, adopted 12-15-1969 by L.L. No. 6-1969, as amended.
A.
Title. This chapter shall be known and cited as the "Local Law Regulating
Open Burning Within the Town of Clifton Park."
B.
ACQUIRED STRUCTURE
AGRICULTURAL WASTE
CAMPFIRE
ON-SITE BURNING
OPEN FIRE
UNTREATED WOOD
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A structure donated or loaned from a property owner for the
purpose of conducting fire training.
Any waste from naturally grown products such as vines, trees
and branches from orchards, leaves and stubble. In addition, any fully
organic waste either grown or generated on the premises, including
but not limited to paper feed bags, wood shavings used for livestock
bedding, bailing twine, and other nonplastic materials. Agricultural
waste does not include pesticide containers, fertilizer bags, large
plastic storage bags (including bags commonly known as "Ag bags"),
offal, tires, plastic feed bags, and other plastic or synthetic materials.
A campfire or any other outdoor open fire in a contained
area less than three feet in height, and less than four feet in length
and width or diameter.
The burning of material, grown or generated on a particular
property, in an open fire on the same property. For purposes of this
definition, the "same property" shall include only property that is
geographically contiguous and under the control or ownership of the
same person.
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.
For the purposes of this chapter, any wood or lumber which
is not chemically treated, coated, stained, sealed, glued or otherwise
adulterated. Untreated wood does not include such materials as pressure-treated
lumber, plywood, particle board, fiberboard, and oriented strand board.
A.
Except as allowed by § 80-3 of this chapter, no person shall burn or cause, suffer, allow or permit the burning of any materials in an open fire.
B.
Any burning or fire, campfire, bonfire, or any other open fire of
any material and description is prohibited in any Town park, Park
District property, Town-designated open space, nature preserve, or
any state or county parkland, forest preserve, nature preserve, or
Town land or open space.
Burning in an open fire, provided it is not contrary to other
law or regulation, will be allowed on privately owned land as follows:
A.
Campfires and cooking fires as defined in § 80-1, provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished. If excessive smoke results, causing a nuisance to adjacent property owners, the Code Enforcement Officer may require such fire to be extinguished. Failure to obey such an order may result in a violation.
B.
Barbecue
grills, maple sugar arches and similar outdoor cooking devices when
actually used for cooking or processing food.
C.
On-site burning of agricultural wastes as part of a valid agricultural
operation, as that term is defined by applicable law, on contiguous
agricultural lands five acres or larger, which are actively devoted
to agricultural or horticultural use, provided that 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.
D.
The use of liquid-petroleum-fueled smudge pots to prevent frost damage
to crops.
E.
Prescribed burns performed according to 6 NYCRR Part 194.
F.
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.
G.
Individual open fires as approved by the director of any state agency
with jurisdiction.
No person shall be permitted to have an open fire without the proper permits as follows and in § 73-20E(8) or meeting the exceptions in § 80-3 of this Code:
A.
Town
permit.
(1)
A permit issued for agricultural purposes only. On-site burning of agricultural waste as permitted under § 80-3 of this Code.
(2)
The applicant must meet the requirements for agricultural exemption from the Town of Clifton Park Assessor's office or own a minimum of five acres of contiguous land which is in a CR Conservation Residential Zone or an R-3 Agricultural/Residential Zone per Chapter 208 of this Code. All open burning shall meet the requirements of 6 NYCRR Part 215 of the New York State Environmental Conservation Law.
The fees imposed for each Town burning permit shall be $10,
and permits will be issued for a maximum duration of 90 days.
A.
Any person found to have violated any of the provisions of this chapter
shall be guilty of an offense and shall be subject to a fine of not
less than $100, nor more than $1,500, or to a term of imprisonment
not to exceed 15 days, or both such fine and imprisonment, for each
offense. Each day a violation exists shall constitute a separate offense.
