[Adopted 6-17-2008 by L.L. No. 6-2008 (Ch. 77 of the 1991 Code)]
This article shall be known as "A Local Law to Regulate Outdoor Fires in the City of Fulton."
The Common Council of the City of Fulton has determined that the health, safety, and welfare of the citizens is promoted by the absence of fire in the community. The Common Council has recognized that the residents of the City of Fulton wish to, from time to time, enjoy outdoor recreational fires on their premises. By adoption of this article, the Common Council declares its intent to promote the enjoyment of outdoor recreation on private premises, and to preserve the health, safety, and welfare of all the citizens by regulating the conduct of all outdoor fires.
The provisions of this article shall apply to all premises within the City of Fulton. The provisions of this article shall apply in addition to the provisions of any other local, state, or federal law or regulation. Where there is a conflict with any applicable law or regulation, the more restrictive provision shall apply.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Fire Chief of the City of Fulton or the Chief's designee.
AUTHORIZED FIRE
An outdoor fire wherein a valid permit has been issued by the Administrator, excluding fires for domestic food preparation.
BONFIRE
An outdoor fire utilized for religious, ceremonial, or similar purposes having a total fuel area greater than three feet in diameter and greater than one foot in height.
CITY
The City of Fulton.
GARBAGE
All putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including the container in which packaged.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, "open burning" does not include recreational fires.
OUTDOOR FIRE
Any fire outside the confines of a building.
PERMIT
A special permit issued by the Administrator authorizing the kindling of an outdoor fire, recreational fire, bonfire, or open burning.
PERSON
An individual and, where appropriate, a public or private corporation, an unincorporated group or association, a partnership, a government or a governmental instrumentality.
PROHIBITED FIRE
An authorized fire that has been determined to be offensive, objectionable or hazardous.
RECREATIONAL FIRE
An outdoor fire burning authorized materials where the fuel being burned is not contained in an incinerator, barbecue grill or barbecue pit and has a total fuel area of three feet or less in diameter and one foot or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
RESPONSIBLE ADULT
An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.
RUBBISH (TRASH) and DEBRIS
Ordinary household or commercial trash such as, but not limited to, paper and paper products, boxes, cardboard, plastics, rubber, crates, furniture, rugs, clothing, rags, mattresses, blankets, tires, lumber, construction debris or waste and any and all tangible personal property no longer intended or in condition for ordinary and customary use.
UNAUTHORIZED FIRE
Any fire requiring a permit for which no permit has been issued.
YARD WASTE
All organic materials generated from the yard such as brush and tree waste and compostable materials (e.g., leaves and grass clippings).
A. 
No person shall kindle or maintain or authorize to be kindled or maintained any bonfire, open burning, or recreational fire without first acquiring a permit from the Administrator or designee.
B. 
The burning of garbage, rubbish, trash, debris or yard waste is prohibited.
C. 
The burning of materials other than those permitted for domestic food preparation, i.e., charcoal, hardwood, natural gas, liquefied petroleum gas (LPG), etc., which creates excessive smoke, flaming brands or noxious odors is prohibited.
D. 
The burning of wood or wood products that have been chemically treated for any purpose is prohibited.
E. 
Bonfires in built-up areas, densely populated residential areas, and commercial areas adjacent to residential areas shall be prohibited.
F. 
Bonfires, open burning or recreational fires that will be, or become, offensive or objectionable due to smoke or odor emissions, or when atmospheric conditions or local circumstances make such fires hazardous, shall be prohibited.
G. 
Recreational fires shall not be kindled between the hours of 11:00 p.m. and 7:00 a.m.
A. 
A person seeking to kindle an outdoor fire shall apply for and obtain a permit from the Administrator prior to kindling such fire.
[Amended 11-20-2018 by L.L. No. 13-2018]
(1) 
A permit may be issued to one- or two-family dwellings only.
(2) 
In the case where the property owner is not the primary tenant of the property, the applicant(s) must provide the Fire Department with a certified letter from the property owner allowing permission for the applicant(s) to apply for a permit.
(3) 
An issued permit for recreational fires would encompass the entire property parcel for which the application was drafted.
B. 
Outdoor fires for domestic food preparation do not require a permit and are allowed with the following restrictions:
(1) 
They must be contained in approved cooking or heating equipment manufactured for such use.
(2) 
Portable unvented equipment is not allowed inside structures.
(3) 
Charcoal burners and other open-flame cooking devices shall not be operated under or upon roofs.
(4) 
Charcoal burners and other open-flame cooking devices shall not be operated under or upon combustible balconies, porches or decks or within 10 feet of combustible construction or materials, except one-family dwellings.
(5) 
The materials allowed for domestic food preparation include charcoal, hardwoods, natural gas, liquefied petroleum gas (LPG), etc.
C. 
Open burning, when permitted, shall be at least 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.
D. 
Bonfires, when permitted, shall be at least 50 feet from any structure, combustible material or property lot line. Conditions that could allow a fire to spread within 50 feet of a structure, combustible material or property lot line shall be eliminated prior to ignition.
E. 
Recreational fires, when permitted, shall be at least 25 feet from any structure, combustible material, property lot line, sidewalk or street. Conditions that could allow a fire to spread within 25 feet of a structure, combustible material or property lot line shall be eliminated prior to ignition.
F. 
Recreational fires shall be contained in an approved device manufactured for such purpose and shall contain a spark arrester or screen. The device shall not be larger than three feet in diameter and shall not contain fuel piled higher than one foot.
G. 
All fires, when permitted, shall be constantly attended by a responsible adult, knowledgeable in the use of fire-extinguishing equipment as required by this section, until such fire is extinguished. A minimum of one portable fire extinguisher with a 4-A rating, or a water hose, shall be available for immediate utilization. Additional extinguishing equipment may be needed, as determined by the Administrator.
H. 
The Administrator may prohibit any and all outdoor fires when atmospheric or local circumstances make such fires hazardous.
A. 
Administration. The Administrator, pursuant to the provisions of this article, shall have the authority to:
(1) 
Develop and distribute forms to carry out the permit process herein.
(2) 
Establish, amend and repeal rules and regulations in order to regulate outdoor fires.
B. 
Enforcement.
(1) 
The Fire Department shall bear primary responsibility for identifying violations of the permit requirement as well as for violations of the terms and conditions of any permit issued pursuant to this article.
(2) 
The Fire Department, under the direction of the Administrator, shall:
(a) 
Investigate all complaints received.
(b) 
Extinguish, or cause to be extinguished, any unauthorized or prohibited fire.
(c) 
Determine if conditions exist that cause an authorized fire to become prohibited. If a fire is determined to be prohibited, the fire shall be extinguished.
C. 
The Administrator, in his or her discretion and for good cause shown, may revoke any permit issued for any outdoor fire.
Permit fees for open burning, recreational fires and bonfires may be set by resolution of the Common Council and shall be as provided in Chapter A700, § A700-3.
A. 
Any person committing an offense against any of the provisions of this article is guilty of a violation and, upon conviction thereof, shall be subject to a fine of $25. Upon a second conviction of this article, a person shall be subject to a fine of $50. Upon a third or subsequent conviction of this article, a person shall be subject to a fine of $100 or shall be imprisoned in the Oswego County Jail for a period not exceeding 15 days, or shall be both so fined and imprisoned.
B. 
In addition to the provisions of Subsection A of this section, whenever a permit has been issued pursuant to this article and three or more violations of this article have occurred, the Administrator shall have the power to suspend or revoke such permit for a period of up to nine months.
The City and its agents, officials, and representatives shall not, under any circumstances, be liable or responsible for damages caused to any person or property by reason of the provisions of this article or by reason of the conduct of any burning activity in compliance with the terms and provisions of this article. The individual person responsible for any such fire shall bear sole responsibility for any damages caused as a result thereof.
No officer, agent or employee of the City shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this article.