[HISTORY: Adopted by the Town Board of the Town of Milton 5-12-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
No person shall set, or cause to be set, an open fire, except small fires (less than three feet in diameter) for cooking, warmth or smudge, and open fires for the purpose of on-site disposal of rubbish or other debris generated by residential activities, without having first obtained from the Department of Environmental Conservation [NOTE: Environmental Conservation Law § 9-1105 and 6 NYCRR 191.1] a written permit to do so. A copy of such permit obtained shall be sent to the Town Code Enforcement Officer and Fire Chief of the district within which such fires shall be conducted.
No person shall set an open fire for rubbish or other debris generated by residential activities unless such material is burned in a closed receptacle such as a metal drum or metal or masonry fireplace with a mesh cover with openings not more than one-half-inch square.
Open fires may be prohibited in the event a determination of a serious fire hazard has been declared by the Town of Milton, Saratoga County or the Department of Environmental Conservation.
Any permitted burning must also comply with § 180-24, General performance standards, of the Town Code, and with the New York State Uniform Fire Prevention and Building Code, specifically Section 307, Open Burning and Recreational Fires, of the Fire Code of New York State.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall be punishable by a fine of not more than $250 or a term of imprisonment not exceeding 15 days, or both. Each day's continued violation shall constitute a separate offense.
As used in this chapter, the following terms shall have the meanings indicated:
- OPEN FIRE
- Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted into the outdoor atmosphere.
- RUBBISH or OTHER DEBRIS
- Solid waste material, including but not limited to paper and paper products; rags; trees or leaves, needles and branches therefrom; vines, lawn and garden debris; cartons; wood; sawdust and demolition debris. Rubbish or other debris shall not include garbage; incinerator residue; street sweepings; dead animals; offal; liquid waste material; furniture; cans; crockery; plastics; chemicals; paint; petroleum products; tires; vehicles or parts thereof.