Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
[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:
OPEN FIRE
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. 
This chapter shall apply to all outdoor fire and burning within the incorporated limits of the Village of Cedarhurst.
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, 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.