[HISTORY: Adopted by the City Council of the City of Ogdensburg 11-22-1993 as Ord. No. 14-1993.[1] Amendments noted where applicable.]
[1]
Former Chapter 85, Burning, Open, as amended, was repealed 7-13-2009 by Ord. No. 8-2009 and replaced with Chapter 85, Open Burning and Recreational Fires.
This chapter shall be known and may be cited as the "City of Ogdensburg Open Burning and Recreational Fires Ordinance."
The purpose of this chapter is to provide for enforcement procedures in the City of Ogdensburg regarding open burning and recreational fires.
The following words and terms shall, for the purposes of this chapter, have the meanings shown herein.
BONFIRE
An outdoor fire utilized for ceremonial purposes.
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.
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.
A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
Open burning that will be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.
A. 
Fires in approved containers that are not less than 15 feet (4,572 mm) from a structure.
B. 
The minimum required distance from a structure shall be 25 feet (7,620 mm) where the pile size is three feet (914 mm) or less in diameter and two feet (610 mm) or less in height.
A bonfire shall not be conducted within 50 feet (15,240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 50 feet (15,240 mm) of a structure shall be eliminated prior to ignition.
Recreational fires shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
Open burning, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906[1] with a minimum 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.
[1]
Editor's Note: Section 906 of the Fire Code of NYS.