[HISTORY: Adopted by the by the Board of Trustees of the Village of Round Lake 3-2-1998 by L.L. No. 1-1998; amended in its entirety 3-2-2016 by L.L. No. 1-2016. Subsequent amendments noted where applicable.]
Open burning of materials can pose a threat to life and property in the Village of Round Lake if not properly controlled. Such burning can cause air pollution which can have detrimental effects on a citizen's health. Such burning can spread and cause damage and possible loss of life to other properties and their owners. It is the purpose of this chapter to provide for the safety, healthy protection and general welfare of persons and property in the Village of Round Lake by restricting the open burning of combustible materials. It is not the intent of this chapter to prohibit recreational burning if proper precautions are followed.
Except as permitted elsewhere in this chapter, the following materials shall not be allowed to be burned in an open fire:
Nothing contained in this chapter shall pertain to the operation of outdoor fireplaces or grills where the source of heat is either wood, charcoal or gas.
No person, partnership or corporation shall burn or allow to be burned any combustible materials when the Village Fire Marshal has duly posted a fire prohibition.
No burning is allowed within 50 feet of a property line.
Burning in an open fire, provided that it is not contrary to any other law, will be allowed as follows.:
Land clearing/cleanup and/or demolition material consisting of unpainted, unvarnished and untreated wood, trees, tree trimmings, or brush. Such burning shall be done only at the site where the materials are generated, provided that the Village of Round Lake is exempt from the requirements of this section.
Bonfires for recreational purposes with a flame height not to exceed five feet.
Prior to any open burning the proper fire company and the County Sheriff's office shall be notified. Such notification shall include the location and time of the burn. The Sheriff's office shall also be notified when the burn is completed.
Open fires allowed under this section shall be attended at all times by a responsible adult.
Appropriate fire-extinguishing equipment, as designated by the Fire Marshal, shall be available at all times during the burn.
Burning allowed under this chapter does not relieve the person conducting the burn from the responsibility of courtesy to neighbors, nor does it relieve him/her from the responsibility of not interfering with the enjoyment of life or property of others. It is his/her responsibility to take steps that assure no off-site nuisances from smoke, embers, etc., occur.
The Fire Marshal can order any fire extinguished if he deems proper responsibility is not being exercised.
This chapter does not relieve the person performing the burn of the responsibility of obtaining any other permits required by state or other agencies.
Enforcement of this chapter shall be by the Village of Round Lake Fire Marshals, Round Lake Code Enforcement Officers, the Saratoga County Sheriff or the New York State Troopers.
A first violation of this chapter is a first offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose, all provisions of law relating to misdemeanors shall apply to such violation. In addition thereto, the Village authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.
For a second offense within five years of the first offense, there shall be a fine of not less than $350 and not more than $700 or not exceeding six months' imprisonment, or both.
For a third or subsequent offense within a five-year period, there shall be a fine of not less than $700 and not more than $1,000 or not exceeding six months' imprisonment, or both.
As used in this chapter, the following terms shall have the meanings indicated:
- FIRE MARSHAL
- The Village of Round Lake Fire Marshals are the chief firematic officers of the fire companies contracting with the Village for fire protection. A Fire Marshal is responsible for seeing that burning is done in compliance with Chapter 99. A Fire Marshal is responsible for issuing burn prohibitions when conditions so dictate. A Fire Marshal is responsible for having all fires extinguished that are burning unsafely. A Fire Marshal has the authority to issue appearance tickets for violations of Chapter 99.
- The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
- OPEN FIRE
- 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, plastics, cartons, chemicals, paint, grease, sludge, oils and other petroleum products, wood, sawdust, demolition materials, tires and automobiles and other vehicles and parts for junk, salvage or disposal. Rubbish shall not include garbage, incinerator residue, street sweepings, dead animals or offal.