[HISTORY: Adopted by the Town Board of the
Town of Salina 4-26-2021 by L.L.
No. 4-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 78,
Bonfires, adopted 9-19-1966, as amended.
A.
The purpose of this chapter shall be to protect and promote the health,
safety and welfare of the people of the Town of Salina 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 Town of Salina using clean firewood.
For the purposes of this chapter, the following words, phrases
and terms and their derivations 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 words
used in the masculine include the feminine. The word "shall" is always
mandatory and not merely directory.
A properly maintained and utilized barbeque grill, barbeque
pit or outdoor fireplace that utilizes a spark-arresting screen and/or
a lid or wherein products of combustion pass through a stack or chimney
from an enclosed chamber.
[Amended 9-27-2021 by L.L. No. 10-2021]
Clean, seasoned wood that has been properly cut and kept
in a dry place for seasoning for over six months.
[Amended 9-27-2021 by L.L. No. 10-2021]
Putrescent animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food; wastepaper
products or household trash shall also be considered "garbage."
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 burning firewood in an approved container
where the fuel area shall be no more than three feet in diameter and
no more than 24 inches in height.
[Amended 9-27-2021 by L.L. No. 10-2021]
Nonputrescent and putrescent solid waste, including garbage,
rubbish, ashes, incinerator residue, street cleanings, dead animals,
abandoned automobiles and any parts thereof, agricultural waste, excluding
usable agricultural equipment, commercial waste, industrial waste
and construction and demolition debris, including commercial and industrial
equipment having no value other than scrap metal, pressure-treated
or painted wood.
Town of Salina.
A.
No refuse shall be burned in an open fire or in an approved container,
metal basket, can or drum in any part of the Town.
[Amended 9-27-2021 by L.L. No. 10-2021]
B.
When atmospheric conditions, like wind speeds of 15 mph or more,
or other local circumstances make such fire hazardous, outdoor burning
shall be prohibited.
[Amended 9-27-2021 by L.L. No. 10-2021]
C.
Open burning.
D.
Any fire outside the constraints of an approved container.
E.
Any fire that will be or is offensive or objectionable because of
smoke or odor emissions as determined by the Town's Code Enforcement
Officer.
[Amended 9-27-2021 by L.L. No. 10-2021]
F.
Any fire that is within 50 feet of any combustible material, like
gasoline, kerosene, oil, cars or other vehicles powered by gasoline,
or as determined by the Town's Code Enforcement Officer.
[Added 11-22-2021 by L.L.
No. 13-2021]
A.
General. A person shall not kindle or maintain or authorize to be
kindled or maintained any recreational fires unless conducted and
approved in accordance with this section.
B.
Location. The location for recreational fires shall not be less than
15 feet from any structure, including fences. The Town Code Enforcement
Officer may increase the required distance from structures as warranted.
[Amended 9-27-2021 by L.L. No. 10-2021]
C.
Attendance. Recreational fires shall be constantly attended until
the fire is extinguished. A minimum of one portable fire extinguisher
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.
D.
Approved container. Only firewood or charcoal can be used for recreational
fire(s) in an approved container and pursuant to the size and intensity
allowed under New York State Department of Environmental Conservation
regulations.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $500. Each day
of continued violation of this chapter, after written notice thereof,
shall constitute a separate additional violation. In addition, the
Town may also institute an action or proceeding, including an injunction,
to compel compliance with or prevent violation of this chapter.
