[HISTORY: Adopted by the Town Board of the Town of Brownville 1-4-2006 by L.L. No.
1-2006. Amendments noted where applicable.]
Except as permitted below or by State law or regulation, no
person shall burn or allow or permit to be burned any brush, wood,
lumber, paper products, plastic, tires, chemicals, trash, garbage,
refuse or other combustible materials within the limits of the Town
of Brownville.
A.
Nothing contained herein, however, shall prevent the operation of
outdoor grills or fireplaces for the preparation of food or the installation
and use of indoor fireplaces and wood stoves. The fuel for the aforementioned
devices shall be that material typically used in the device, such
as charcoal briquettes and wood in its natural state or wood pellets.
All installations of fireplaces and woodstoves shall be in conformance
with the New York State Fire Prevention and Building Code.
B.
Nothing contained herein shall prohibit the use of an open campfire
or shorefire provided the campfire or shorefire is contained in a
fireproof containment device and the fuel for said campfire or shorefire
is natural wood, charcoal or charcoal briquettes.
Any public agency or fire department may burn structures, lumber
or other nonhazardous items, provided they obtain permits and/or comply
with the regulations as required by the New York State Department
of Environmental Conservation or any other state or federal agency.
Any person who observes a violation of this chapter may file
a signed complaint under oath with any law enforcement officer or
with the Town Constable specifying the violation, the date of the
violation and the name and address of the violator. Any law enforcement
officer or Town Constable duly appointed by the Town of Brownville
may administer and enforce the provisions of this chapter and shall
have the authority to issue an appearance ticket for violations thereof.
Violations of this chapter shall constitute a violation as defined
in the Penal Law of the State of New York and shall be publishable
by a fine of not less than $50 and not more than $250 or by imprisonment
for not more than 15 days, or both, for a first offense; by a fine
of not less than $100 and not more than $250 or by imprisonment for
15 days for a second offense within a three-year period; and by a
fine of not less than $150 nor more than $250 or by imprisonment for
15 days for a third offense within a three-year period.
