Village of Baxter Estates, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 9-19-2005 by L.L. No. 1-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 78.
Electrical standards — See Ch. 90.
It is hereby declared and found that the regulation of fires, elimination of fire hazards, contamination of air from smoke, and the protection of property exposed to destruction by fire within the Village is necessary to the protection of the health and properties of the inhabitants of the Village and within the public interest.
Unless otherwise expressly provided herein or inconsistent in the context used, the following words shall have the meanings herein indicated:
OPEN FIRE
Any fire lighted and maintained, other than a fire in a stove, furnace, or incinerator designed and constructed for the burning of material.
PERSON
Any individual, partnership, unincorporated association, firm, corporation, organization or other entity.
PROTECTED FIRE
Any fire contained within a stove, furnace, incinerator or device that fully contains such fire and is so designed and constructed as to prevent the spreading of the fire or discharge of burning particles or materials into the atmosphere.
VILLAGE
The Village of Baxter Estates.
A. 
It shall be unlawful for any person to light, permit, or maintain an open fire in or upon the streets, roads, highways, sidewalks or public places within the Village for any purpose.
B. 
It shall be unlawful for any person to light, permit, or maintain an open fire any place within the Village within 25 feet of any building or structure or within 10 feet of the property line where such fire is located on private property.
C. 
It shall be unlawful for any person to light, permit, or maintain any open fire permitted hereunder unless such fire is continuously attended and supervised by an adult or is contained within a metal container or receptacle so designed, constructed, and used to prevent the escape of burning particles or materials into the surrounding air.
A. 
It shall be unlawful to light, permit, or maintain a protected fire outside any building except as permitted in the following sections.
B. 
Where any protected fire is located outside a building, it shall be unlawful for any person to light, permit, or maintain such fire except under the following conditions:
(1) 
The stove, furnace, incinerator, or other device within which such fire is contained must be so designed and constructed as to be intended for such use and prevent the spreading of fire and the escape of burning particles or materials into the surrounding air.
(2) 
The area outside the building to be used for a protected fire shall be surfaced with gravel, cinders or cement, or similar incombustible material for a distance of at least 10 feet from each side of the device.
(3) 
Any stove, furnace or incinerator utilized for a protected fire shall not be larger than two feet in width and not more than five feet in height and shall be constructed of cast iron twelve-gauge steel or fire brick. The top of such device shall be equipped with a spark arrester having openings of not more than 3/4 inch.
A. 
It shall be unlawful to light, permit, or maintain an open fire for the purpose of heating, melting or otherwise treating metal articles, goods, materials or products of any kind or nature, or for the purpose of reducing any articles, goods, materials or products combining both metal and any other substance to the bare metal.
B. 
It shall be unlawful to light, permit, or maintain an open fire any place within the Village in other than daylight hours.
C. 
It shall be unlawful to burn leaves, grass, weeds, or other vegetation on any area within the Village.
D. 
It shall be unlawful to deposit hot ashes, coals, greasy or oily substances, or any other materials liable to create spontaneous ignition, in other than covered metallic or other noncombustible receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground, must be placed at least three feet away from any combustible structure or material.
E. 
It shall be unlawful to burn any material such as rubber goods, mattresses, paper goods, rubbish, vegetation, or any other material of any kind in such a manner that the surrounding air is polluted by smoke from such burning.
The provisions hereof do not apply to the maintenance and use of outdoor cooking facilities such as barbecue pits or fireplaces, whether such facilities are of a permanent or portable nature.
[Amended 8-6-2015 by L.L. No. 2-2015]
Each and every violation of, or failure to comply with, any provision of this chapter shall constitute a violation hereof. Each and every day that any such violation or failure occurs or continues shall constitute a separate violation. Any person, entity, organization, society, association, company or corporation who or which commits, or takes part or assists in committing, any such violation shall be punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.