[Adopted 4-6-1979[1]; amended in its entirety 1-19-2007 by L.L. No. 1-2007]
[1]
Editor's Note: This ordinance also provided for the repeal of former Article III, Outdoor Fires, adopted 4-20-1962 by Ord. No. 34.
As used in this article, the following terms shall have the meanings indicated:
BEACH FIRE
An outdoor fire burning wood materials other than rubbish on a beach where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of 30 inches or less in diameter and 24 inches or less in height from natural grade for pleasure, religious, ceremonial, cooking, warmth or similar purposes. All beach fires must comply with the regulations contained in § 141-19. Any beach fire that exceeds the parameters herein or of § 141-19 must comply with § 141-17.
A. 
No person shall set, kindle, start, refuel, feed or continue any fire, except as specifically permitted in § 141-19, on any land within the limits of the Town of East Hampton outside incorporated Village limits for the purpose of burning any brush, grass, stumps, building or building debris, notwithstanding that such person may be the owner or occupant of said land, unless and until said person has obtained a permit from the Chief Fire Marshal of the Town of East Hampton. Said permit shall be endorsed by the Fire Chief of the Fire Department in whose protection area such proposed burning is to be done. Said person must strictly comply with any terms or conditions endorsed on the permit and the provisions of this section.
B. 
No person to whom a permit is issued shall kindle or maintain any fire or authorize any such fire to be kindled or maintained, except as specifically permitted in § 141-19, within 100 feet of any building or structure, motor vehicle or property line; nor shall any such fire be left unattended; nor shall any fire be so kindled or maintained if the prevailing wind shall exceed a velocity of 10 miles per hour; nor shall any such fire be so kindled or maintained as to create or cause to be created any noxious or offensive odor or smoke so dense in volume as to be hazard-producing; nor shall any such fire be so kindled or maintained on any holiday or on a Sunday; nor shall any fire be so kindled or maintained unless adequate provisions are made to prevent the fire from spreading uncontrolled.
C. 
In land clearing operations involving the burning of trees, underbrush, shrubs and/or debris of any kind or nature, such burning shall be conducted in a pit or trench not to exceed 50 feet in length and 20 feet in width and not less than five feet in depth or down to the water table, whichever is less. Burning in such cases shall not be commenced before 7:00 a.m., prevailing time, and each such fire must be extinguished not later than 8:00 p.m., prevailing time. Each pit or trench so used shall be covered over at the end of each day's operation with nonflammable materials to prevent the possible spread of fire.
D. 
Fires governed by this section shall not be kindled before 7:00 a.m., prevailing time, and shall be extinguished by 8:00 p.m., prevailing time.
E. 
The Chief Fire Marshal or the Chief of the Fire Department in whose protective area such burning is to be done may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous.
F. 
Written application shall be made for such permit, which shall be good only for a single day during the time endorsed thereon. The permit herein required shall not be issued in the name of any corporation or partnership, but only to an adult individual who shall be held responsible for any negligence and for any damages caused by such fire.
G. 
Applications for permits must be in writing upon forms supplied by the Town Clerk or Fire Marshal and signed by the person to be held responsible for any negligence or damage.
[Amended 4-7-2016 by L.L. No. 12-2016; 6-2-2022 by L.L. No. 17-2022]
A. 
Any person found guilty of violating any provisions of this article, ordinance, or regulations adopted pursuant to this ordinance shall, upon conviction, be deemed guilty of an offense punishable by a fine of not less than $250 or by imprisonment not to exceed 15 days, or both, for each and every such violation. Each day that a violation continues shall be deemed a separate offense.
B. 
Any person or entity found by the Bureau of Administrative Adjudication to have violated the provisions of § 141-17 or 141-19, or to have failed to respond to a summons charging the same within 15 days of issuance, shall likewise be subject to the following Fine and Penalty Schedule:
[Amended 6-1-2023 by L.L. No. 11-2023]
Schedule of Fines and Penalties
Section
Description
Fine
After 15 Days
After 30 Days
After 90 Days
§ 141-17
Open burning
$250
$500
$750
$800
§ 141-19
No beach fires
$250
$500
$750
$800
A. 
The following regulations shall apply to all beach fires within the Town of East Hampton:
(1) 
Beach fires shall not be started or maintained less than 50 feet from any beach grass, vegetation, tent, fence, building or permanent structure, nor within 100 feet of any lifeguard stand. Should there not be enough beach to comply with the fifty-foot setback, the location of a beach fire may be reduced to 25 feet from any beach grass, vegetation, tent, fence, building, or permanent structure, but in no instance may a beach fire be located less than 25 feet from any beach grass, vegetation, tent, fence, building, or permanent structure.
(2) 
Beach fires shall only burn whole, natural wood. No chemically treated wood, or painted wood or wood containing nails, nor wood or plastic pallets shall be used.
[Amended 4-7-2016 by L.L. No. 12-2016]
(3) 
Metal, plastic or glass shall not be placed or thrown into the fire.
(4) 
No beach fire shall be left unattended.
(5) 
A Fire Marshal, Marine Patrol Officer, any person in the Division of Code Enforcement or police officer may require that a beach fire be extinguished when deemed to be dangerous due to wind condition, size or whenever atmospheric or other circumstances present an increased fire hazard that threatens public safety.
[Amended 4-7-2016 by L.L. No. 12-2016]
(6) 
No beach fire shall be started, kindled or maintained if the prevailing wind velocity exceeds 20 miles per hour. However, the Fire Marshal, Marine Patrol Officer, any person in the Division of Code Enforcement or police officer may exercise discretion in requiring that a fire be extinguished when wind velocity exceeds 10 miles per hour.
[Amended 4-7-2016 by L.L. No. 12-2016]
(7) 
A two-gallon bucket of water must be kept within 10 feet of the beach fire at all times.
[Amended 4-7-2016 by L.L. No. 12-2016]
(8) 
No beach fire shall be set, started, kindled or maintained prior to 5:00 p.m. and must be fully extinguished prior to 12:00 midnight.
[Amended 7-14-2009 by L.L. No. 18-2009; 4-7-2016 by L.L. No. 12-2016]
(9) 
A beach fire must be fully and completely extinguished with water. No burning, smoldering, smoking, hot embers or debris shall be left on the beach. No beach fire shall be buried or extinguished with sand.
[Amended 4-7-2016 by L.L. No. 12-2016]
(10) 
All fire debris must be removed and disposed of properly and the site must be restored to its natural condition at the conclusion of a beach fire.
[Amended 4-7-2016 by L.L. No. 12-2016]
(11) 
All beach fires must be fully contained within a metal container.
[Added 8-6-2015 by L.L. No. 28-2015]