Village of Coxsackie, NY Chapter 45 Burning, Outdoor

[[HISTORY: Adopted by the Board of Trustees of the Village of Coxsackie 3-8-2021 by L.L. No. 1-2021. Amendments noted where applicable.]

§ 45-1 Legislative findings; purpose and intent.

A. The Board of Trustees seeks to reduce the risk of uncontrolled spread of fire within the Village, which may cause loss of life, injury, or damage to property by regulating outdoor burning. The Board of Trustees finds that certain unsafe outdoor burning practices present an unreasonable risk to people and property within the Village and should therefore be regulated consistent with safe outdoor burning practices as determined by the Village of Coxsackie Fire Department. The Board of Trustees further finds that the addition of Chapter 45 to the Village of Coxsackie Town Code will promote public health, welfare, and safety within the Village.

B. It is the purpose of this chapter to provide for the safety, health and well-being of persons and property by regulating outdoor burning within the Village of Coxsackie.

§ 45-2 Definitions.

For purposes of this chapter, and unless otherwise expressly stated or unless the context otherwise requires, the terms in this chapter shall have the meanings given in § 215.1 of Title 6 of the New York State Code of Rules and Regulations.

§ 45-3 Open burning prohibited; exception.

A. No person shall burn any substance, either solid or liquid, including, but not limited to, garbage, refuse and rubbish, paper, rags, ashes, tree branches, yard trimmings, hay, straw, lumber, leaves or any other combustible material, within the limits of the Incorporated Village of Coxsackie.

B. Special permits in extraordinary circumstances may be issued, upon request, by the Chief of the Village of Coxsackie Fire Department.

C. Should special permit approval be granted for open burning by the Fire Chief, such open burning shall comply with any requirements which the Fire Chief shall require.

§ 45-4 Exemptions.

A. Barbecue grills and similar outdoor cooking devices when actually used for cooking or processing food. Fire is limited to the minimal size necessary and contained in the device or cooking appliance commonly referred to as a grill or hibachi and designed for cooking purposes. Fuels for outdoor cooking will be limited to charcoal and charcoal briquettes, untreated wood, natural gas, and liquified petroleum gas. All applicable and/or reasonable safety precautions shall be taken when using said devices or utensils.

B. Small fires used for cooking and campfires or similar size recreational fires less than three feet in height and four feet in length, width, or diameter, provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished. Natural gas or liquified petroleum gas outdoor fireplaces or fire pits are permitted, provided that such appliances conform to all other applicable Village codes and other laws and regulations.

C. Other exceptions permitted under § 215.3 of Title 6 of the New York State Code of Rules and Regulations.

§ 45-5 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both fine and imprisonment. Each day the violation continues shall be deemed to be a separate and distinct violation.