[HISTORY: Adopted by the Board of Trustees of the Village of Canajoharie 2-2-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
This chapter is intended to promote the public health, safety and welfare and to safeguard the health, comfort, and living conditions of the citizens of the Village of Canajoharie and to prevent the air pollution and fire hazards of open burning, outdoor burning and refuse burning.
The chapter applies to all outdoor burning and refuse burning within the Village of Canajoharie.
A. 
This chapter does not apply to grilling or cooking food, using charcoal, wood, propane or natural gas in cooking or grilling appliances.
B. 
This chapter does not apply to burning in a stove, furnace, boiler, fireplace or other heating device within a building used for human or animal habitation, unless the material being burned includes refuse as defined in § 49-3 of this chapter.
C. 
This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating relative to construction or property maintenance activities.
As used in this chapter, the following terms shall have the meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse. It is a form of open burning.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
CONFIDENTIAL PAPERS
Printed material containing personal identification or financial information.
FIRE CHIEF
The Chief of the Canajoharie Volunteer Fire Department or other person authorized by the Fire Chief to act on his behalf under this chapter.
OPEN BURNING
Igniting or maintaining a fire where products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
OUTDOOR BURNING
Open burning or burning in a weatherized warm-air furnace or boiler.
REFUSE
Any waste material except clean wood.
WEATHERIZED WARM-AIR FURNACE OR BOILER
A furnace or boiler commonly known as an "outdoor furnace" and designed for installation outdoors, supplied with its own venting system and utilizing combustible materials as fuel.
Open burning, outdoor burning and refuse burning are prohibited in the Village of Canajoharie unless specifically permitted by this chapter.
Unless a specific written approval has been obtained from the New York State Department of Environmental Conservation, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device. The Village of Canajoharie will not issue a permit for burning any of the following materials without air pollution control devices and a written copy of approval from the Department of Environmental Conservation:
A. 
Rubbish or garbage, including but not limited to food waste, food wrap, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business waste.
B. 
Waste oil or other oily wastes, except used oil burned in a heating device for energy recovery subject to the restrictions in New York State Department of Environmental Conservation Rules and Regulation, 6 NYCRR 374-2, Standards for the Management of Used Oil.
C. 
Asphalt and products containing asphalt.
D. 
Treated or painted wood, including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
E. 
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
F. 
Rubber, including tires and synthetic rubber-like products.
G. 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with the recycling law, except as provided in § 49-9 of this chapter.
Open burning of leaves, weeds, brush, stumps, clean wood and other vegetative debris is allowed only in accordance with the following provisions:
A. 
All allowed open burning shall be conducted in a safe nuisance-free manner, when wind and weather conditions are such as to minimize adverse effects and not to create a health hazard or a visibility hazard on public lands or roadways.
B. 
Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued under § 49-10 of this chapter.
C. 
Open burning shall be conducted in conformance with all local and state fire protection regulations.
D. 
Open burning under this section shall only be conducted at a location at least 500 feet from the nearest building which is not on the same property, unless otherwise stated.
E. 
Except for barbecue, gas and charcoal grills, no open burning shall occur during periods when either the Fire Chief or the Montgomery County Fire Coordinator has issued a burning ban applicable to the area.
F. 
Open burning shall be conducted only on the property on which the materials were generated.
G. 
Outdoor campfire cooking or recreation is allowed provided that the fire is confined by a control device or structure such as a barrel, fire ring, or fire pit. Campfires shall only be conducted at a location at least 125 feet from the nearest building which is not on the same property.
H. 
Bonfires for ceremonies are allowed only if approved by permit and in accordance with provisions established by the Fire Chief or his duly authorized representative.
I. 
Open burning under this section shall only be conducted at a location at least 500 feet from the nearest building which is not on the same property, unless otherwise stated.
J. 
Except for campfires and permitted bonfires, open burning shall only be conducted between the hours of 12:00 noon and 6:00 p.m.
K. 
Open burning shall be constantly attended and supervised by a competent person at least 18 years of age until the fire is extinguished. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
L. 
No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or water body.
M. 
Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 20 feet from any combustible material, combustible wall or partition, exterior window opening, access or exit area of any structure authorized by the Fire Chief or his duly authorized representative.
No person shall use or maintain a burn barrel in the Village of Canajoharie.
No person shall install any weatherized warm-air furnace or boiler in the Village of Canajoharie. Current installations are allowed but replacement furnaces are not allowed.
A. 
Notwithstanding § 49-5G of this chapter, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this chapter.
B. 
Small quantities of confidential papers from a residence may be burned, if necessary, to prevent the theft of financial records, identification or other confidential information.
C. 
Confidential papers from a commercial enterprise shall be shredded or destroyed in a manner other than burning.
D. 
A fire set for burning of a small quantity of confidential papers shall be subject to and comply with § 49-6A through C, G, and K through M of this chapter.
A. 
No person shall ignite or maintain any open burning without having previously obtained a valid burning permit issued by the Fire Chief or his duly authorized representative.
B. 
The fee for each one-time burning permit shall be as provided on the fee schedule available at the Village offices.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
An outdoor campfire does not require a permit, provided that the fire complies with all other applicable provisions of this chapter.
D. 
When weather conditions warrant, the Fire Chief or the Montgomery County Fire Coordinator may declare a burning moratorium on all open burning and temporarily suspend any previously issued burning permit for open burning.
E. 
A burning permit issued under this section shall require compliance with all applicable provisions of this chapter and any additional special restrictions deemed necessary to protect public health and safety.
F. 
Any violation of the conditions of a burning permit shall be deemed a violation of this chapter.
G. 
Any violation of this chapter or any permit issued pursuant to the provisions of this chapter shall void the permit.
A person utilizing or maintaining any combustion process, either indoor or outdoor, in the Village of Canajoharie shall be responsible for all fire suppression costs and any other liability resulting from damage or injury caused by the fire.
The Fire Chief or any authorized officer, agent, employee or representative of the Village of Canajoharie who presents valid credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this chapter.
A violation of the foregoing chapter or any section thereof shall be punishable by a fine of not more than $250 or by imprisonment in the county jail for not more than 15 days, or both such fine and imprisonment.