[HISTORY: Adopted by the Town Board of the Town of Shelter Island 4-9-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 47, Burning, Open, adopted 3-23-1990 by L.L. No. 1-1990, as amended.
This chapter shall be known as the "Town of Shelter Island Open Burning Local Law."
As of October 2009, the State of New York has adopted strict regulations limiting open burning in 6 NYCRR Part 215. This chapter is adopted to eliminate inconsistencies between the Town Code and the state regulations. It establishes local rules to provide for notice and safety of burns which are allowed by the state.
As used in this chapter, the following terms shall have the meanings indicated:
CAMPFIRE
A campfire or any other outdoor open fire less than three feet in height and less than four feet in length and width or diameter.
FIRE WARDENS
The duly appointed Fire Wardens of the Town of Shelter Island. For purposes of this chapter, the Fire Wardens are the Town Fire Marshal and the Fire Chiefs of the Shelter Island Fire District.
[Amended 10-27-2017 by L.L. No. 12-2017]
MAJOR ALLOWED BURNS
Burns described in § 47-6E, F, G and H shall be considered major allowed burns.
MINOR ALLOWED BURNS
Burns described in § 47-6A, B, C and D shall be considered minor allowed burns.
OPEN BURNING
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.
A. 
Except as allowed by Section 215.3 of 6 NYCRR Part 215, no person shall burn or cause, suffer, allow or permit the burning of any materials in an open fire.
B. 
Any person who performs open burning as allowed by the New York State regulations must also comply with the notice and safety requirements set forth in this chapter. Failure to comply with these requirements shall be a violation of this chapter.
The following are allowed:
A. 
Small fires used for cooking and campfires, provided that only charcoal or untreated wood is used as fuel, and the fire is not left unattended until extinguished.
B. 
Barbecue grills and similar outdoor cooking devices when actually used for cooking or processing food.
C. 
Ceremonial or celebratory bonfires, where not otherwise prohibited by law, provided that only untreated wood or other agricultural products are used as fuel, and the fire is not left unattended until extinguished.
D. 
Small fires that are used to dispose of a flag or religious item and small fires or other smoke-producing processes, where not otherwise prohibited by law, that are used in connection with a religious ceremony.
E. 
On-site burning of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between September 15 and the following March 15.
F. 
On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres 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.
G. 
Prescribed burns performed according to 6 NYCRR Part 194 or individual open fires for the destruction of invasive plant and insect species, but only with written authorization from the Department of Environmental Conservation.
H. 
Fire training, including fire-fighting, 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 and performed by or in conjunction with the Shelter Island Fire Department.
Any major allowed burns shall not be started until a burn notice is signed off by the Fire Warden with a copy to the Police Chief. A burn notice form may be obtained from the Office of the Town Clerk. Any fire performed without a burn notice signed by the Fire Warden shall be in violation of this chapter.
A. 
Any major allowed burns shall not be started prior to sunrise and shall be extinguished by sunset. Any area used for burning shall be covered over at the end of each day's operation with nonflammable materials to prevent the possible spread of fire.
B. 
No individual shall start a fire unless the fire is personally supervised and constantly attended by the individual, with sufficient help at hand to control and prevent its spread.
C. 
All exposures must be protected and necessary equipment must be in place to prevent the extension of the fire and/or radiant heat damage to adjacent buildings and property.
D. 
Flammable liquids may not be used to start or support any fires.
E. 
The burning of or on wetlands is not permitted.
F. 
The Town Board reserves the right to enact additional regulations with respect to safety and notice of open burning.
In the event that any portion of this chapter is found by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
Failure to comply with a provision of this chapter shall be deemed a violation and shall be punishable by a fine of not more than $500 or by imprisonment not to exceed 15 days, or both, and by the denial of permission described hereunder. Each day such violation continues shall constitute a separate violation.