[HISTORY: Adopted by the Town Board of the Town of Clifton Park 4-19-2010 by L.L. No. 4-2010. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 73.
Editor's Note: This ordinance also repealed former Ch. 80, Burning, adopted 12-15-1969 by L.L. No. 6-1969, as amended.
Title. This chapter shall be known and cited as the "Local Law Regulating Open Burning Within the Town of Clifton Park."
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- ACQUIRED STRUCTURE
- A structure donated or loaned from a property owner for the purpose of conducting fire training.
- AGRICULTURAL WASTE
- Any waste from naturally grown products such as vines, trees and branches from orchards, leaves and stubble. In addition, any fully organic waste either grown or generated on the premises, including but not limited to paper feed bags, wood shavings used for livestock bedding, bailing twine, and other nonplastic materials. Agricultural waste does not include pesticide containers, fertilizer bags, large plastic storage bags (including bags commonly known as "Ag bags"), offal, tires, plastic feed bags, and other plastic or synthetic materials.
- A campfire or any other outdoor open fire in a contained area less than three feet in height, and less than four feet in length and width or diameter.
- ON-SITE BURNING
- The burning of material, grown or generated on a particular property, in an open fire on the same property. For purposes of this definition, the "same property" shall include only property that is geographically contiguous and under the control or ownership of the same person.
- 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 do not include burning in outdoor furnaces or boilers that are used to heat buildings when the devices are actually used for such purpose.
- UNTREATED WOOD
- For the purposes of this chapter, any wood or lumber which is not chemically treated, coated, stained, sealed, glued or otherwise adulterated. Untreated wood does not include such materials as pressure-treated lumber, plywood, particle board, fiberboard, and oriented strand board.
Except as allowed by § 80-3 of this chapter, no person shall burn or cause, suffer, allow or permit the burning of any materials in an open fire.
Any burning or fire, campfire, bonfire, or any other open fire of any material and description is prohibited in any Town park, Park District property, Town-designated open space, nature preserve, or any state or county parkland, forest preserve, nature preserve, or Town land or open space.
Burning in an open fire, provided it is not contrary to other law or regulation, will be allowed on privately owned land as follows:
Campfires and cooking fires as defined in § 80-1, provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished. If excessive smoke results, causing a nuisance to adjacent property owners, the Code Enforcement Officer may require such fire to be extinguished. Failure to obey such an order may result in a violation.
Barbecue grills, maple sugar arches and similar outdoor cooking devices when actually used for cooking or processing food.
On-site burning of agricultural wastes as part of a valid agricultural operation, as that term is defined by applicable law, on contiguous agricultural lands five acres or larger, which are actively devoted to agricultural or horticultural use, provided that such waste is actually grown or generated on those lands and such waste is capable of being fully burned within a twenty-four-hour period.
The use of liquid-petroleum-fueled smudge pots to prevent frost damage to crops.
Prescribed burns performed according to 6 NYCRR Part 194.
Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures 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. No more than one structure per lot or within a three-hundred-foot radius (whichever is bigger) may be burned in a training exercise.
Individual open fires as approved by the director of any state agency with jurisdiction.
No person shall be permitted to have an open fire without the proper permits as follows and in § 73-20E(8) or meeting the exceptions in § 80-3 of this Code:
A permit issued for agricultural purposes only. On-site burning of agricultural waste as permitted under § 80-3 of this Code.
The applicant must meet the requirements for agricultural exemption from the Town of Clifton Park Assessor's office or own a minimum of five acres of contiguous land which is in a CR Conservation Residential Zone or an R-3 Agricultural/Residential Zone per Chapter 208 of this Code. All open burning shall meet the requirements of 6 NYCRR Part 215 of the New York State Environmental Conservation Law.
The fees imposed for each Town burning permit shall be $10, and permits will be issued for a maximum duration of 90 days.
Any person found to have violated any of the provisions of this chapter shall be guilty of an offense and shall be subject to a fine of not less than $100, nor more than $1,500, or to a term of imprisonment not to exceed 15 days, or both such fine and imprisonment, for each offense. Each day a violation exists shall constitute a separate offense.