Village of Fonda, NY
Montgomery County
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[HISTORY: Adopted by the Board of Trustees of the Village of Fonda at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 138.
The Board of Trustees of the Village of Fonda hereby determines that the outdoor burning of structures, surplus wood, rubbish, debris, brush, leaves, and all other materials constitutes a hazard to the public and that the potential for personal injury and unintended property damage by fire, smoke and embers is significantly increased by such burning.
A. 
This chapter shall apply to all outdoor fire and burning within the incorporated limits of the Village of Fonda.
B. 
This chapter does not change any state or federal law that is more restrictive in its language or intent.
A. 
Except as otherwise provided herein, the disposal of refuse and waste by outdoor burning, bonfires, open fires of any type or burning cans of any type is hereby prohibited within the Village limits of the Village of Fonda.
B. 
Nothing contained herein shall be construed to prohibit the preparation of meals on small outdoor grills or small outdoor fireplaces or confined pits.
C. 
Fires shall be permitted in small devices for very localized heating not to exceed nine square feet. Grills, pits and fireplaces, however, shall not be used for the disposal of refuse and waste.
D. 
Open fire as to limit of location. Fire within an outdoor fireplace is prohibited within 20 feet of a structure, public sidewalk or public roadway.
Notwithstanding anything contained to the contrary herein, the Fire Department/District servicing the Village of Fonda may be authorized by resolution of the Board of Trustees of the Village of Fonda to conduct scheduled burns for training firefighters:
A. 
Upon submission of proof to the Board of Trustees that proper safeguards will be in place to adequately protect the public health, safety and welfare;
B. 
That such submission is in compliance with all local, state and federal laws; and
C. 
That the Fire District or Department shall hold the Village of Fonda harmless and will defend the Village against all legal actions.
Notwithstanding anything contained to the contrary herein, authorized organizations approved by Board of Trustees may conduct flag burning ceremonies for the purpose of properly disposing of discarded American flags on the condition that such burning is conducted with appropriate safeguards to keep the fire, its smoke, sparks and residue contained and not pose a danger to nearby properties or persons, or to the public health, safety and welfare.
Any person, firm or corporation violating any provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000, or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day of continued violation is a separate and distinct offense.