[HISTORY: Adopted by the Board of Trustees
in the Village of Scotia 5-14-2003 by L.L. No. 5-2003. Amendments noted where
applicable.]
The Board of Trustees recognizes that outdoor
open burning of materials potentially poses a threat to life and property
and may create a nuisance. It is the purpose of this chapter to ensure
that the safety, health and welfare of the residents and property
in the village are protected by prohibiting open fires except as specifically
permitted herein.
As used in this chapter the following terms
shall have the meanings indicated:
Includes all organic waste or offal of fish, fowl or animal
and any fruit or vegetable matter resulting from the preparation of
food or from any source.
Any outdoor fire froth which air contaminants are emitted
directly in the outdoor atmosphere.
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, brush, furniture, cans,
crockery, plastics, cartons, chemicals, paint, grease, sludge, oils
and other petroleum products, wood, sawdust, demolition or construction
materials, appliances, tires and automobiles and other vehicles and
parts, for junk, salvage or disposal.
It shall be unlawful for any person to light,
permit or maintain an open fire in or upon any premises, street or
public place within the village.
The provisions of this chapter shall not apply
to the following acts:
A.
Open fires fueled by charcoal or propane in grills
or fireplaces solely for the purpose of cooking food, when such fire
is limited to the minimal size necessary to cook such food.
B.
Open fires by any department or agency of the village,
when such burning is done under the supervision of the officials in
charge of such department or agency.
C.
[1]Upon permit issued by the Fire Chief, open fires for special
events by private or public organizations. Said open fires shall be
maintained under the conditions set forth by the Fire Chief.
[1]
Editor's Note: Former Subsection C, Outdoor
fires for the purpose of indoor heating, was repealed 2-13-2008 by
L.L. No. 1-2008. This local law also renumbered former Subsection
D as Subsection C.
D.
The smoking
of meat for personal consumption in a commercially made smoker that
is enclosed.
[Added 4-8-2009 by L.L. No. 3-2009]
E.
. Portable
LP-gas appliances and equipment of all types that are not connected
to a fixed fuel piping system, a/k/a propane fire table pits, so long
as they are placed on a noncombustible surface and at least 20 feet
from a residential structure.
[Added 9-9-2020 by L.L. No. 5-2020]
F.
Recreational
fire tables fueled by natural gas, so long as they are in compliance
with all other New York State and local laws and regulations.
[Added 9-9-2020 by L.L. No. 5-2020]
A.
All open fires must be maintained so as to avoid fire
hazards.
B.
All open fires must be maintained in such a manner
as to not create a nuisance for neighboring properties.
C.
Garbage or rubbish may not be burned.
D.
If in the opinion of the Fire Chief the weather or
air conditions are such that the starting or the continuation of the
open fire is a risk to life, health or property within the Village,
he shall have the authority to declare that any and all burning shall
cease immediately until further notice.
The Fire Chief or Fire Department command personnel
shall have the authority to extinguish any open fire being conducted
in violation of any provision of this chapter.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be guilty of a violation and
shall be subject to a fine not to exceed $250 or imprisonment for
a term not to exceed 15 days, or both.
