[HISTORY: Adopted by the Town Board of the Town of Queensbury 9-22-1966 by Ord. No. 19; amended 12-9-1986. Amendments noted where applicable.]
[Amended 2-28-2011 by L.L. No. 1-2011]
Effective October 14, 2009, New York State Department of Environmental Conservation ruling prohibits burning of household trash statewide in all cases.
The open burning of garbage on the surface of the ground, in pits or in trash burners or barrels creates offensive smoke and odors and results in a residue of unburned garbage which decays and causes offensive odors and attracts flies, rodents and vermin, and is a menace to public health and should be prohibited.
The open burning of household trash releases dangerous compounds, including arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead hydrogen cyanide and dioxin, among others. Open burning is also the single greatest cause of wildfires in New York.
[Amended 4-3-2000 by L.L. No. 3-2000]
As used in this chapter, the following terms shall have the meanings indicated:
- Trees or leaves and needles and branches therefrom; vines; lawn and garden debris.
- Includes waste food, fruit, vegetables, meat, dead animals, birds or fish, or parts thereof, or any kind of waste material capable of fermentation or decay.
- A device or equipment designed specifically for the burning of garbage in such manner or means as to effect complete combustion and burning of garbage, leaving only an ash residue.
- OPEN FIRE
- Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere.
- Includes an individual, society, club, firm, partnership, corporation, municipality or association of persons, and the singular number shall include the plural number.
- Solid or liquid waste material, including but not limited to paper and paper products; rags, furniture; cans; crockery; plastics; cartons; chemicals; paint; grease; sludges; oils and other petroleum products; wood; sawdust and demolition materials; tires; and automobiles and other vehicles and parts for junk, salvage or disposal.
[Amended 5-24-1991 by L.L. No. 6-1991; 4-3-2000 by L.L. No. 3-2000; 2-28-2011 by L.L. No. 1-2011; 8-18-2014 by L.L. No. 4-2014; 8-18-2014 by L.L. No. 4-2014]
No person shall burn, cause to be burned or permit to be burned in the Town of Queensbury any garbage, rubbish, brush, construction materials and/or treated lumber by open fire on the ground or in trash burners or barrels or in pits. Trash burners or barrels or pits are prohibited on any lands within the Town of Queensbury. Garbage shall be disposed of in the Town of Queensbury by depositing it at an authorized solid waste management facility.
Open fires used exclusively for the purpose of preparing food will be permitted, provided that the fire is properly contained, appropriately sized and temporary in nature. Barbecue grills, maple sugar arches and similar outdoor cooking devices, using only propane, charcoal or untreated wood shall be permitted.
Allowed outdoor burns complying with this chapter and New York State codes must be properly contained, and the fire shall be limited to three feet in height and less than four feet in length, width and diameter. All fires must be constantly attended until extinguished, and an appropriate extinguishing media shall be provided. In addition, § 307.4.2 of the New York State Fire Code requires that recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
The Town of Queensbury fire companies and their members may perform live burn exercises if such training follows the applicable rules and guidelines of the New York State Department of State’s Office of Fire Prevention and Control. For training on acquired structures, the structure must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other products) prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a three-hundred-foot radius (whichever is bigger) may be burned in a training exercise.
[Amended 5-24-1991 by L.L. No. 6-1991; 4-3-2000 by L.L. No. 3-2000; 5-16-2005 by L.L. No. 2-2005]
An offense against any of the provisions of this chapter shall be a violation and, upon conviction thereof, such violator shall be subject to a fine of not more than $950 for a first offense, or $950 or imprisonment for a period of not more than one year, or both, for a second offense.