The Town Board recognizes that outdoor open burning of material poses a threat to life and property and may create a nuisance. It is the purpose of this chapter to ensure that the safety, health, and welfare of the residents and property in the Town are protected by prohibiting open fires except as specifically permitted herein.
As used in this chapter, the following terms shall have the meanings indicated:
BONFIRE An outdoor fire utilized for ceremonial purposes.
FIRE DEPARTMENT Niskayuna Fire District No. 1, Niskayuna Fire District No. 2 or Stanford Heights Fire District, as applicable.
GARBAGE The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
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. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
PORTABLE FIREPLACE A structure or device intended to contain and control outdoor wood fires. This shall include a structure, which may or may not be a portable, manufactured fireplace or similar device, is designed to contain and control outdoor wood fires. The device shall have a screen or other protective cover to prevent sparks and embers from being distributed.
RECREATIONAL FIRE An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
REFUSE All waste material, including but not limited to garbage, rubbish, incinerator residue, street sweepings, dead animals and offal.
No materials may be burned upon any street, curb, gutter, sidewalk, or other public place.
Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by his/her fire.