This chapter is intended to protect the general health, welfare and safety of the people of the Town of Dickinson by prohibiting open fires, which are dangerous to life and property.
[HISTORY: Adopted by the Town Board of the Town of Dickinson 6-9-2025 by L.L. No. 4-2025. Amendments noted where applicable.]
Unless otherwise indicated by context, the following terms and phrases shall have the following meanings:
The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere.
All waste material, including but not limited to garbage, rubbish, incinerator residue, street sweepings, dead animals and offal.
Solid or liquid waste material, including but not limited to paper and paper products; rags; trees or leaves, needles and branches therefrom; vines; lawn and garden debris; furniture; cans; crockery; plastic; cartons; chemicals; paint; grease; sludge; oils and other petroleum products; lumber; sawdust; demolition materials; tires; and automobiles and other vehicles and parts for junk, salvage or disposal.
The following fires are prohibited in the Town of Dickinson:
Burning in an open fire, provided that it is not contrary to any other federal, state, county or local law, ordinance, rule or regulation, will be permitted as follows:
A.
Bonfires. Bonfires shall be permitted only for a publicly sponsored celebration or event, or for an organization-sponsored event, or for a public or private school-sponsored event, and shall be subject to meeting all requirements of the bonfire permit application obtained from and filed with the Fire Marshal's office, prior to any bonfire being lit and taking place. No fire shall be ignited prior to an on-site inspection of the location where the bonfire is to take place and shall be subject to any and all conditions or restrictions the Code Enforcement office may impose for the safety of life and property, nor shall any fire be ignited prior to the issuance of a bonfire permit issued by the Code Enforcement office. The Fire Department shall be notified prior to igniting any said bonfire permitted by the Code Enforcement office.
B.
Outdoor cooking. Open burning will be permitted for outdoor cooking when the fire is limited to the minimal size necessary and contained in a device or cooking utensil commonly referred to as a "grill" or "hibachi" and designed for outdoor cooking purposes. All applicable and/or reasonable safety precautions shall be taken when using said devices or utensils.
C.
Recreational fires or campfires. Small recreational fires or campfires shall be permitted only when all of the following are adhered to:
(1)
When the fire is contained to a device designed to hold a small fire, such as an outdoor fireplace, or commercially manufactured steel or ceramic portable fireplace, and used according to the manufacturer's directions.
(2)
Said fire is solely for a recreational purpose.
(3)
Said fire is placed no closer than 25 feet to any structure or property line.
(4)
Said fire is properly attended and controlled at all times by a responsible party with appropriate fire extinguishing equipment readily available.
(5)
Said fire shall not present a safety hazard to life or property, nor create a nuisance.
If, in the opinion of the Code Enforcement Officer or the Fire Chief, weather conditions are such that the starting or the continuation of burning is a risk to life, health or property within the Town, he/she shall have the right to declare that any and all burning shall cease immediately until further notice.
The Code Enforcement Officer, The Fire Chief, and fire-fighting personnel as he or she shall designate are hereby vested with authority to enforce the provisions of this section. The Fire Department is hereby authorized to extinguish any open burning fire being conducted in violation of any of the provisions of this section.
A.
Any violation by a person, firm or corporation of any provision of this section shall be deemed a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both.
B.
Any person who takes part in or assists in any violation of this section shall also be subject to the penalties provided herein.
C.
Each day (twenty-four-hour period) that a violation of this section is committed or permitted to exist shall be deemed to constitute a distinct and separate violation.