[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]
A.
Effective October 14, 2009, New York State Department
of Environmental Conservation ruling prohibits burning of household
trash statewide in all cases.
B.
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.
C.
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.
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]
A.
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.
B.
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.
C.
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.
D.
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.
