[HISTORY: Adopted by the Town Board of the Town of Amherst 9-26-2011 by L.L. No. 21-2011. Amendments noted where applicable. For additional information
regarding 2010, 2011 and 2012 state local law numbers, refer to the
Disposition List at the end of this volume.]
This Local Law shall be referred to as, "A Local Law Regulating
Open Burning."
The purpose of this Local Law shall be to protect and promote
the health, safety and welfare of the people of the Town of Amherst
by prohibiting the burning of garbage, rubbish and refuse and regulating
open burning and recreational fires.
For the purposes of this Local Law, the following words, phrases
and terms and their derivations shall have the meanings given herein.
The word “shall” is always mandatory and not merely directory.
A properly maintained and utilized barbeque grill, barbeque
pit or outdoor fireplace that utilizes a spark-arresting screen and
a lid or wherein products of combustion pass through a stack or chimney
from an enclosed chamber.
An outdoor fire that has a horizontal dimension of more than
three (3) feet in length, width or diameter.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
The burning of materials outside of an Approved Container
wherein products of combustion are emitted directly into the ambient
air without passing through a stack or chimney from an enclosed chamber.
Open burning does not include road flares, smudge pots and similar
devices associated with safety or occupational users typically considered
open flames.
An outdoor fire burning materials in an approved container
or an open fire where the fuel being burned is contained within a
horizontal dimension of less than three (3) feet in length, width
or diameter and two (2) feet or less in height for pleasure, religious,
ceremonial, cooking, warmth or similar purposes and excluding the
burning of material for the sake of disposal.
Solid waste, including garbage, rubbish, ashes, incinerator
residue, street cleanings, dead animals, abandoned automobiles, and
any parts thereof, agricultural waste, commercial waste, industrial
waste, construction and demolition debris.
The Town of Amherst outside of the Village of Williamsville.
Except as allowed in Section 36-5, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.
A.
General.
A person shall not kindle or maintain, or authorize to be kindled
or maintained, any outdoor fires or open burning unless conducted
and approved in accordance to this Chapter.
B.
Burn Permits
Required. Individual property owners shall be allowed to conduct bonfires
and to burn brush and tree limbs with the issuance of a permit by
the Town of Amherst's Commissioner of Building, who shall consider
the factors of fire safety, environmental pollution and proximity
of neighbors. Commercial burning of brush, wood and wood products
shall be allowed only upon approval of the Department of Environmental
Conservation of the State of New York and issuance of a permit by
the Town of Amherst Commissioner of Building. Practice burns of brush,
wood and structures by fire companies shall be allowed upon the issuance
of a permit by the Town of Amherst Commissioner of Building.
C.
A Recreational
Fire or Camp Fire is exempt from the requirement of a permit. Except
for fires in an Approved Container, the fuel used in a Recreational
Fire or Camp Fire shall be seasoned wood (not freshly cut).
D.
Location.
The location for open burning shall not be less than ninety (90) feet
from a residence, occupied building, housing unit, or mobile home
other than that of the owner or occupant on the same premises that
the open burning is occurring.
E.
Attendance.
Open burning, recreational fires and bonfires shall be continuously
attended until the fire is extinguished.
A violation of this Chapter is hereby declared to be an offense,
punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00)
or imprisonment for a period not to exceed fifteen (15) days, or both.
The foregoing Law shall be enforced by any authorized police
officer or peace officer defined by the laws of the State of New York.
In addition, any code enforcement officer duly appointed by the Town
Board of the Town of Amherst may enforce this law.
