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.
Approved Container
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.
Bonfire
An outdoor fire that has a horizontal dimension of more than
three (3) feet in length, width or diameter.
Garbage
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
Open Burning
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.
Recreational Fire or Camp Fire
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.
Refuse
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.
Town
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 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.