[HISTORY: Adopted by the Board of Trustees of the Village
of Adams 10-17-2022 by L.L. No. 9-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 97, Burning,
Open, which consisted of Art. I, Planned Burning of Structures, adopted 11-17-2003 by L.L. No. 1-2003, as amended.
A.
It is the intent of the Village of Adams Board of Trustees to protect
and promote the health, safety, and welfare of the residents of the
Village of Adams by prohibiting the burning of garbage, rubbish, and
refuse and regulating open burning and recreational fires.
B.
It is recognized that occasional recreational fires, as allowed herein,
are acceptable in the Village of Adams using clean firewood.
For the purpose of this chapter, the following words, phrases,
and terms and their deviations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words used in the plural number include
the singular; words used in the singular include the plural; and the
words used in the masculine include the feminine. The word "shall"
is always mandatory and not merely directory.
A properly maintained and utilized barbecue grill, barbecue
pit or outdoor fireplace that uses a spark-arresting screen and a
lid or wherein products of combustion pass through a stack or chimney
from an enclosed chamber.
BARBECUE PIT or FIRE PITFor the purpose of this chapter shall mean a pit which is no more than two feet in length, width, or diameter. If dug into the earth, such pit must be lined with fire-resistant material (brick, concrete, stone, etc.).
Clean seasoned wood, and shall not include painted wood,
chemically treated wood, pressure-treated wood, or plywood.
The burning of materials outside of an approved container
wherein products of combustion are emitted directly into the ambient
air without passing through a stack, chimney or spark-arresting screen
from an enclosed chamber. Open burning does not include road flares,
smudge pots, and similar devices associated with safety or occupational
uses typically considered open flames.
An outdoor fire that burns materials other than garbage,
rubbish and refuse, where the fuel being burned is inside an approved
container, and excluding the burning of materials for the sake of
disposal.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street cleanup, dead
animals, offal, and solid commercial waste, abandoned automobiles
and any parts thereof, agricultural waste, construction demolition
debris, pressure-treated wood, painted wood, and plywood.
PUTRESCIBLE WASTEA solid waste that contains organic matter capable of being decomposed by microorganisms so as to cause a malodor, gases, or other offensive conditions, or which is capable of providing food for birds and other vectors.
NONPUTRESCIBLE SOLID WASTESolid waste materials that do not contain organic matter that is subject to rapid decomposition by fungi and bacteria.
LIQUID WASTEAny sewage, industrial waste or other wastes or any combination thereof which may potentially alter the chemical, physical, biological or radiological integrity of surface water and/or groundwater from its natural state. The term "liquid waste" does not mean storm runoff or stormwater (e.g., paints, oils, cleaning supplies, etc.).
Shall refer to the Village of Adams, New York.
The following burning is prohibited as described below:
A.
No garbage, refuse or rubbish shall be burned in an open fire or
in an approved container, metal basket, can, or drum in any part of
the Village.
B.
When atmospheric conditions or local circumstances make such fire
hazardous, outdoor burning shall be prohibited.
C.
Open burning.
D.
Any fire outside the constraints of an approved container.
E.
Any fire that is or will be offensive or objectionable because of
smoke or odor emissions.
F.
Any fire burning tree limbs, yard clippings, and/or brush.
A.
General. A person shall not kindle or maintain or authorize to be
kindled or maintained any recreational fire unless conducted and approved
in accordance with this chapter.
B.
Location. The location for recreational fires shall not be less than
15 feet from any structure, and provisions shall be made to prevent
the fire from spreading to within 50 feet of any structure. The Village
of Adams Board of Trustees may increase the required distance from
structures as warranted.
C.
Attendance. Recreational fires shall be constantly attended until
the fire is extinguished. A minimum of one portable fire extinguisher
with a minimum of 4-A rating or other approved on-site fire-extinguishing
equipment, such as dirt, sand, water barrel, garden hose or water
truck, shall be available for immediate utilization.
D.
Size. Recreational fires shall not extend past the boundaries of
the approved container, and the flames shall not extend more than
three feet above the approved container.
A.
For the purpose of promoting the safety, health, and general welfare
of the residents and property of the Village of Adams, it shall be
unlawful to burn any structure within the Village without the following:
a resolution of the Village of Adams Board of Trustees approving said
burning. Such burn will be planned with the Village of Adams Fire
Chief and/or Deputy Fire Chief in the Chief's absence.
B.
This shall be interpreted to include, but not be limited to, controlled
burns for training by the Village of Adams Fire Department or demolition
of any structure.
Any person convicted of violating any of the provisions of this
chapter shall be liable to a fine of not more than $250, imprisonment
for not more than 15 days, or both such fine and imprisonment for
each violation thereof.
