[HISTORY: Adopted by the Board of Trustees of the Village of Central Square 6-24-2013 by L.L. No. 4-2013. Amendments noted where applicable.]
This Chapter 164 shall be known as the "Open Burning Law."
As used in this chapter, the following terms shall have the meanings indicated:
- ACQUIRED STRUCTURE
- A structure donated or loaned from a property owner for the purpose of conducting fire training.
- AGRICULTURAL LAND
- The land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse boarding operation and timber processing. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
- AGRICULTURAL WASTE
- 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 non-plastic materials. "Agricultural waste" does not include pesticide containers, large plastic storage bags (including bags commonly known as "Ag bags"), offal, tires, plastic feed bags, and other plastic or synthetic materials.
- CAMP FIRE
- A camp fire or any other outdoor open fire less than three feet in height, and less than four feet in length and width or diameter.
- ENFORCEMENT OFFICER
- The Village Code Enforcement Officer or any other enforcement officer of a police agency with jurisdiction within the Village.
- ON-SITE BURNING
- 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.
- OPEN FIRE
- 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.
- UNTREATED WOOD
- 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.
Except as allowed by § 164-4 of this chapter, no person shall burn, cause, suffer, allow or permit the burning of any material in an open fire.
Burning in an open fire, provided it is not contrary to or in violation of any other specific provision hereof, or to any other federal, state, county or local law(s) or regulation(s) is permitted as follows:
On-site burning in the Village of Central Square of downed limbs and branches (including) branches with attached leaves or needles less than six inches in diameter and eight feet in length from May 15 to March 15.
Barbecue grills, maple sugar arches and similar outdoor cooking devices when actually used for cooking or processing food. Fire is limited to the minimal size necessary and contained in the device or cooking utensil commonly referred to as a grill or hibachi and designed for cooking purposes. Fuels for outdoor cooking will be limited to charcoal and charcoal briquettes, untreated wood, natural gas and LP gas. All applicable and/or reasonable safety precautions shall be taken when using said devices or utensils. Outdoor cooking will not be permitted on balconies, covered porches, covered patios or in or on multiple-dwelling structures.
Small fires used for cooking and campfires or similar size recreational fires, provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished. Only natural gas or LP gas outdoor fireplaces or fire pits with ceramic logs are permitted, provided that such appliance conforms to all other applicable Village codes.
On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use, provided 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.
The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.
Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only untreated wood or other agricultural products are used as fuel and the fire is not left unattended until extinguished.
Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise prohibited by law that are used in connection with a religious ceremony.
Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization.
Prescribed burns performed according to Part 194 of the New York State Department of Environmental Conservation Regulations which Part 194 regulates the intentional setting of forestland on fire under carefully controlled conditions as authorized by the New York State Department of Environmental Conservation.
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.
Individual open fires as approved by the Director of the Division of Air Resources of the New York State Department of Environmental Conservation as may be required in response to an outbreak of a plant or animal disease upon request by the Commissioner of the Department of Agriculture and Markets, or for the destruction of invasive plant and insect species.
Individual open fires that are otherwise specifically authorized under the environmental conservation law, or by rule or regulation of the Department of Environmental Conservation.
The Code Enforcement Officer has the right to inspect and limit the amount of material that may be burned.
Proper safety precautions must be taken before and as a condition of any burning taking place. These precautions include:
Material to be burned and the fire location shall be at least 15 feet (container fire) or 25 feet (recreational fire) from the nearest structure including that of property owner.
Water and/or other suitable extinguisher agent shall be within 20 feet of the fire at all times (which could include water barrel, sand, dirt, minimum of a 4A rated portable fire extinguisher).
Where an open burning permit is required hereunder, the fire shall be supervised by the persons to whom the permit was issued until the fire is completely extinguished.
Ensuring emissions, smoke or fumes do not interfere with the reasonable enjoyment of life or property, do not cause damage to vegetation or property, and are not harmful to human or animal health or otherwise constituting a public nuisance or violation of any other federal, state, county or local law regulating such emissions.
Any person who violates any of the foregoing restrictions shall be deemed to have committed a violation. Any Enforcement Officer may issue appearance tickets or take such other action as is appropriate to address the foregoing.
Open burning that is approved/allowed/legal can only be between the hours of 6:00 a.m. and 11:00 p.m.
Such fires must be continually supervised by at least an unimpaired, 18 years of age or older, that is capable of supervising fires or must be attended by at least one adult 18 years of age or older that is not impaired, not under the influence of alcohol or drugs nor disability that would impair ability to supervise or extinguish such fires if needed.
Any person who commits or permits the commission of any act in violation of any of the restrictions of this chapter shall be guilty of a violation and subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both fine and such imprisonment. Each twenty-four-hour period a violation continues to exist shall constitute a separate violation.