[HISTORY: Adopted by the Board of Trustees of the Village
of Rouses Point 11-4-2013 by L.L. No. 3-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
54, Burning, Outdoor, adopted 9-3-1970.
As used in this chapter, the following terms shall have the
meanings indicated:
A campfire or any other outdoor open fire less than three
feet in height, and less than four feet in length in width or diameter.
Any flammable material not defined as untreated wood.
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
Open fires do not include burning in outdoor furnaces or boilers that
are used to heat buildings when the devices are actually used for
such purpose.
For the purposes of this chapter, any wood or lumber which
is not chemically treated, coated, stained, sealed, glued or otherwise
adulterated. Untreated wood does not include such materials as pressure
treated lumber, plywood, particle board, fiberboard, and oriented
strand board.
A.
Except as allowed by § 54-3 of this chapter, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire, campfire or on-site burning.
B.
It shall be unlawful for any person, firm or corporation within the
corporate limits of the Village of Rouses Point, New York, to burn,
cause, suffer, allow or permit the burning or kindling of any rubbish
fire for the purpose of burning any refuse, such as rubber, refuse
oil, automotive waste, hair, leather, garbage building waste material
or permissible flammables.
Burning in an open fire, provided it is not contrary to other
law or regulation, will be allowed as follows:
A.
Barbecue grills and similar outdoor cooking devices when used for
cooking or processing food, and the fire is attended by an individual
of suitable age until the fire is extinguished.
B.
Small fires less than three feet in height and four feet in diameter
used for cooking and campfires, provided that only charcoal or untreated
wood is used as fuel and the fire is attended by an individual of
suitable age until the fire is extinguished.
C.
Small fires less than three feet in height and four feet in diameter
that are used to dispose of a flag or religious item, and small fires
or other smoke-producing process where not otherwise prohibited by
law that are used in connection with a religious ceremony, and the
fire is attended by an individual of suitable age until the fire is
extinguished.
D.
Individual open fires that exceed three feet in height and four feet
in diameter where a permit for such fire has been issued by the Code
Enforcement Officer as enabled by the Village of Rouses Point Board
to issue such permits, and the fire is attended by the individual
or member of suitable age of an organization to whom the permit was
issued until the fire is extinguished.
E.
(1)
The burning is located 25 feet from any structure such as a home,
garage, mobile home, wedding tent, etc.; and
(2)
The burning is located 25 feet from any adjacent or neighboring property
line; and
(3)
The burning is contained by nonflammable material commonly used as
a fire-containing apparatus, or structure. Examples of commonly accepted
structures include a fire pit no less than 10 inches deep, a stone
fire circle no less than 10 inches in height, prefabricated fire-burning
products, such as a chiminea or other products commonly marketed as
outdoor/patio fire-containment units containing a basin and fire-screen.
F.
Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization. See also Village of Rouses Point Code Chapter 68.
G.
Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures 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 vinyl 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. See also Village of Rouses Point Code Chapter 72.
H.
Individual open fires as approved by the Director of the Division
of Air Resources as may be required in response to an outbreak of
a plant or animal disease upon request by the commissioner of the
Department of Agriculture and Markets, or for the destruction of invasive
plant and insect species.
A.
Any written, verbal or other complaint shall be filed with the Code
Enforcement Officer. Should the Code Enforcement Office have cause
to believe, or in case the Officer himself shall have cause to believe,
that any person is violating any code, rule or regulation which was
promulgated by the Board pursuant to this article, the Officer shall
cause a prompt investigation thereof to be made.
B.
The Code Enforcement Officer may issue a code violation ticket based
solely on the reports of any other enforcement agency having concurrent
or overlapping jurisdiction and conducting an investigation of such
burning.
C.
Penalties.
(1)
Violations of any provision contained herein may result in the issuance
of a code violation ticket and imposition of a fine in an amount up
to but not exceeding $250 for any first offense.
(2)
A second violation of any provision contained herein may result in
the issuance of a code violation ticket and imposition of a fine in
an amount up to but not exceeding $500 for said offense.
(3)
Three or more violations of any provision contained herein may result
in the issuance of a code violation and imposition of a fine in an
amount up to but not exceeding $1,500 for said offense.
(4)
Fines shall double if violation occurs during a "no burn" period
established by any New York State regulatory agency.
If any section or specific part or provision or standard of
this chapter or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Board hereby declares that it would
have enacted this chapter or the remainder thereof had the invalidity
of such provision or application thereof been apparent. If any section
of this chapter is found by a court to be invalid for any reason,
the decision of the court shall not affect the validity of any other
section, provision, or standard of these regulations not affected
by the decision of the court shall remain in full force and effect.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State.
