[HISTORY: Adopted by the Board of Trustees of the Village
of Rye Brook 3-27-2018 by L.L.
No. 5-2018. Amendments noted where applicable.]
[Amended 6-23-2020 by L.L. No. 5-2020]
It is the purpose and intent of the Village of Rye Brook to
protect and preserve the health, safety and welfare of the residents
of the Village of Rye Brook by regulating open burning. The Board
of Trustees of the Village of Rye Brook has determined the outdoor
burning of surplus wood, rubbish, debris, leaves and other similar
materials constitutes a hazard to the public, and greatly increases
the potential for personal injury and unintended property damage by
fire or smoke. Furthermore, the Board of Trustees finds that burning
of refuse creates offensive smoke and odors, results in a residue
of unburned refuse which decays and causes offensive odors and attracts
flies, rodents and vermin and is generally an unsafe and unhealthy
practice.
For the purposes of this chapter, the following definitions
shall apply:
Natural, seasoned, and dry firewood or natural lumber 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.
[Amended 6-23-2020 by L.L. No. 5-2020]
The animal and vegetable wastes resulting from the handling,
preparation, cooking, and serving of food.
Kindling or maintaining of a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney.
Include all fires burning, smoldering or producing smoke
outdoors, with the exception of fires used to cook food in approved
outdoor cooking appliances, grills or stoves.
A commercially designed and manufactured freestanding, often
portable, outdoor fireplace or fire pit sold specifically for outdoor
recreational burning and commonly made out of metal and used for either
clean wood or gas burning. This definition shall also include recreational
fire pits and outdoor fireplaces built encompassing a wide variety
of styles and functions, from a traditional campfire pit to more elaborate
constructions of materials such as steel, brick, stone and masonry.
Solid or liquid waste materials, including, but not limited
to, rags, furniture, cartons, chemicals, paint, grease, sludges, oils,
any petroleum products other than legitimate home heating and cooking
products, construction materials, including, but not limited to, sheetrock,
chip board, asphalt or fiberglass shingles, or pressure-treated lumber,
automobile parts, tires, dead animals or animal parts, metal goods,
including, but not limited to, refrigerators, stoves and like appliances,
diapers, yard grass clippings, paper and paper products, packaging
materials, Styrofoam, mattresses, cigarette filters, glass, plastic
of any kind and furniture.
A bonfire or any other open-air fire kindled to mark a public
event, victory celebration or similar occurrence not held in an outdoor
fireplace or fire pit.
[Amended 6-23-2020 by L.L. No. 5-2020]
Except as otherwise permitted under the provisions of this chapter,
open burning is prohibited in the Village of Rye Brook.
[Amended 6-23-2020 by L.L. No. 5-2020]
The following activities are expressly permitted:
A.
Grilling
or cooking using charcoal, propane, clean wood or natural gas in cooking
or grilling appliances approved for such solid or liquid fuels.
B.
Burning in a stove, outdoor fireplace, fire pit, or furnace unless the material being burned includes refuse as defined in this chapter or any materials described in § 164-5.
C.
The use
of propane, acetylene, natural gas, gasoline or kerosene in an approved
device intended for heating, construction or maintenance activities.
The following materials may not be burned in an outdoor fire,
fire pit, outdoor fireplace, special event fire, incinerator, burn
barrel or heating device.
A.
Refuse or garbage.
B.
Asphalt and products containing asphalt.
C.
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.
D.
Any plastic material, including, but not limited to, nylon, PVA,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
E.
Rubber, including tires and synthetic rubber-like products.
F.
Newspaper, corrugated cardboard, container board, office paper and
other materials that must be recycled.
G.
Clothing.
H.
Biohazard waste.
I.
Leaves weeds, brush, stumps, and other vegetative debris.
[Amended 6-23-2020 by L.L. No. 5-2020]
J.
Fireworks,
firecrackers, sparklers, gun powder, ammunition or any device which
when lit emits flames, sparks. whistles or bangs.
[Added 6-23-2020 by L.L.
No. 5-2020]
The Building Inspector, in consultation with the Fire Chief,
may issue a special event fire permit, provided it is not contrary
to any state law, rule or regulation, under the following regulations:
A.
No person shall kindle or maintain any special event fire without
a permit, and approval and authorization must be obtained from the
Building Inspector or his/her designee.
B.
Copies of the special event permit shall be available and ready for
inspection on site for the duration of the special event fire.
C.
Permitted special event fires shall not be located less than 50 feet
from any structure.
D.
The allowable quantity to be burned shall be determined by the Building
Inspector or his/her designee based upon the firesafety considerations
of the situation and the desired duration of the burn.
E.
The duration of the special event fire shall be approved and authorized
by the Building Inspector or his/her designee.
F.
A competent adult of at least 21 years of age or older shall be designated
as the contact person to meet with the Building Inspector for any
issue pertaining to the special event fire.
G.
The base of the fire shall not be larger than 10 feet in diameter.
The fire must be enclosed by an approved barrier set at a distance
sufficient enough to provide maximum safety and be constantly monitored
by a designated adult at least 21 years of age.
H.
The Building Inspector or his/her designee has the authority to impose
any other restriction and/or safety precaution pertaining to the special
event fire and such shall be complied with at all times.
I.
An approved adequate fire suppression source must be immediately
available sufficient to totally extinguish the fire.
J.
After completion of the event or celebration, the fire must be completely
extinguished and an approved fire watch must be provided for a duration
of time as approved by the Fire Chief to ensure that the fire does
not rekindle.
K.
The Fire Chief, Building Inspector or his/her designee is authorized
in his/her discretion to order that a special event fire be immediately
extinguished.
In any situation where, upon determination by the authority
having jurisdiction, an outdoor fire utilized or maintained by a person
is deemed to pose an imminent danger to public health, safety, and
welfare, the Building Inspector, Code Enforcement Officer, police
officer and Fire Department personnel may enter onto the property
and inspect any property for the purpose of ascertaining compliance
with the provisions of this chapter.
The Fire Chief, Police Chief, Building Inspector, and Code Enforcement
Officer and his/her designees are authorized to enforce the provisions
of this chapter.
Any person who shall violate any provision of this chapter shall be punished as provided in § 1-17 of Chapter 1, General Provisions, upon conviction of such violation. Each day such violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as hereunder.
