[HISTORY: Adopted by the Board of Trustees of the Village
of Cedarhurst 3-4-2019 by L.L. No. 9-2020. Amendments noted where applicable.]
The Board of Trustees of the Village of Cedarhurst hereby determines
that outdoor burning and outdoor fires 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
Open fires include burning in barrels or modified barrels. Open fires
include the intentional combustion of any structure notwithstanding
that the fire is ignited indoors and is not intended to spread outside
the structure.
A.
Except as otherwise provided herein, no person shall burn or cause
or permit the burning of any materials in an open fire within the
Village limits of the Village of Cedarhurst.
B.
Nothing contained herein shall be construed to prohibit the preparation
of meals on small outdoor grills on private property only, however,
grills shall not be used for the disposal of refuse and waste.
C.
Nothing contained herein shall be construed to prohibit open burning
for the purpose of religious observance, 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.
D.
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 servicing the Village of Cedarhurst may be authorized
by resolution of the Board of Trustees 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;
C.
That the structure must be emptied and stripped of any material that
is toxic, hazardous or likely to emit toxic smoke (such as asbestos,
asphalt shingles and vinyl siding or other vinyl products) prior to
burning and must be at least 300 feet from other occupied structures;
and
D.
That the Fire Department shall hold the Village of Cedarhurst 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.
