[HISTORY: Adopted by the Board of Trustees
of the Village of Head-of-the-Harbor as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 122.
[Adopted 4-27-1929]
No person shall light or maintain any bonfire
on any public highway or other public place in the Village of Head-of-the-Harbor.
No person shall picnic or litter on any public
highway or other public place within the limits of the Village of
Head-of-the-Harbor.
[Amended 5-12-1990 by L.L. No. 3-1990]
Anyone who violates this article shall be subject
to a fine or imprisonment, up to the maximum that may be imposed in
a village court, or both.
[Adopted 8-18-2010 by L.L. No. 3-2010[1]]
[1]
Editor’s Note: This local law also superseded former
Art. II, Fire Permits, adopted 7-10-1965, as amended, which article
was subsequently repealed 2-16-2011 by L.L. No. 1-2011.
A.
The purpose of this article is to regulate open burning, which is
outdoor fires or any outdoor smoke-producing process from which air
contaminants are emitted directly into the outdoor atmosphere. Open
burning can cause serious environmental and health effects. As stated
in November 2000 by the U.S. Environmental Protection Agency in "Agricultural
Burning:"
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Burning creates a concentrated plume of smoke that can travel
many miles. Although burning is usually conducted for short periods
of time, the lingering cloud can affect air quality in communities
both in the immediate area of the burn and those miles away. [...]
Scientific studies – along with thousands of complaints –
indicate that smoke is unhealthy. It is harmful because very fine
particles, gases and other products of burning (some toxic) can be
inhaled deeply into the lungs. Exposure to fine particles, either
alone or combined with other air pollutants, has been linked to difficulty
in breathing, aggravated asthma, increased emergency room visits and
hospital admissions, and, in some cases, premature deaths. Those most
at risk are children, the elderly and people with chronic respiratory
problems.
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Besides these health effects, dense smoke can impair local visibility
and may create a public nuisance and dangerous driving conditions.
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B.
In view of the adverse effects incident to open burning, this article
is intended to limit this activity to those circumstances least hazardous
and without any alternative.
As used herein, the following terms shall have the indicated
meanings:
The science, art and business of cultivating the soil, producing
crops (including field crops, fruits, vegetables and horticultural
specialties) which are primarily intended to be sold.
The intentional setting of land on fire under carefully controlled
conditions to achieve a vegetative or wildlife management goal adhering
to a written and approved prescribed fire plan.
Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open burning does not include burning in outdoor wood-fired boilers that are used to heat buildings, which is prohibited under Village Code § 165-34.1.
A written design for the use of fire to accomplish management
goals.
A.
Permit required. Excepting as otherwise permitted under this article,
open burning is prohibited in the Village of Head-of-the-Harbor.
B.
Permit process. Any application for a permit shall be submitted to
the Board of Trustees at least 90 days prior to any proposed burning
on an application form available from the Village Clerk, accompanied
by an application fee of $500. Any such application shall upon submission
of a complete application be scheduled for a public hearing within
45 days.
C.
Permit standards. Issuance of any permit hereunder shall be subject
to the following:
(1)
Absence of any alternative. Applicant shall demonstrate by competent
evidence that there is no alternative available except to conduct
open burning.
(2)
Minimum setback. Any open burning shall be distant at least 1,000
feet from any residence, school, place of public assembly (indoors
or outdoors), including, by way of illustration, not limitation, a
park, any area within a park, bathing beach, playground, recreational
facility or the like.
(3)
Emergency personnel. Any public hearing shall include the participation
of an authorized representative of any fire department, police department
and ambulance squad servicing the site of the application and any
municipal fire marshal for any adjacent municipality if that municipality
is within 1,000 feet of the site. Applicant shall bear the burden
of obtaining the participation of such third parties.
(4)
Prohibited materials. No open burning at any site shall include debris
piles or other material producing excessive smoke or other special
risks, including, by way of illustration, not limitation, yard waste,
garbage, construction debris, rubber, plastic, wire insulation, tires,
wet grass, leaves, commercial waste, chemically treated wood (including
coated, stained, sealed, glued or otherwise adulterated wood), pesticide
containers, fertilizer or fertilizer bags, synthetic materials or
fuel of any kind.
(5)
Manager. Applicant shall identify a manager of the proposed open
burning including a verifiable listing of qualifications, expert credentials,
communication contacts and the manager's personal knowledge of
local weather conditions, the nearby area and emergency resources.
(6)
Fire plan. Any application shall include a prescribed fire plan,
including, by way of illustration, not limitation, a map at an appropriate
scale, a description of all identifiable risks, a list of all neighbors
(names and addresses) within 1,500 feet of the site, the objective(s)
of the open burning, any reasonable alternative, an accurate description
of the vegetative cover and fuel loads at the site, expected and allowable
and prohibited weather conditions, including, by way of illustration,
not limitation, wind speed, wind direction, air temperature, humidity
and the like, a listing of any public or private event with an expected
attendance of 25 or more persons scheduled at the same time within
1,500 feet of the site and/or using public roads within 3,000 feet
of the site for vehicle parking, duration of the burn, anticipated
flame length and rate of spread, personnel on hand including respective
duties and qualifications, fire management equipment on site, plan
for containment of any fire to the site, a copy of any permit under
6 NYCRR Part 194 or 215, anticipated volume, content, direction and
duration of smoke and available on-site water source including details
of available volume.
(7)
Notification. Applicant shall, at least 21 days prior to any public
hearing, notify by certified mail, return receipt requested, each
property owner within a 1,500 foot radius of the site, and proof of
said notification shall be submitted to the Village Clerk prior to
any such hearing.
(8)
Payment of municipal costs. In the event the Board of Trustees in
the exercise of its discretion deems it necessary to engage an expert
on fire management, the applicant shall pay any reasonable fee for
said expert, the application shall include a signed acknowledgement
of this obligation and, upon request of the Village Clerk in the event
such an engagement resolution is adopted by the Board of Trustees,
any fees shall be paid by the applicant within 72 hours and shall
be a condition of any public hearing being conducted or continued
or a permit issued.
This article shall not apply to burning incident to recreational
bonfires, barbecue grills, portable cooking appliances, ceramic or
clay fire pits, small fires used to dispose of flags or religious
items or incident to a religious activity, emergency disposition of
dangerous or contraband material by law enforcement, agricultural
smudge pots, authorized fire training, recreational cooking, campfires
and agricultural waste disposition provided same is on a site used
for agriculture with an area greater than five acres.
The Building Inspector, any Village Code Enforcement Officer
and any member of the Village Police Department is hereby vested with
authority to enforce the provisions of this chapter.
Any person, firm, association, corporation or other entity violating
any provision of this chapter is subject to a penalty in a sum not
exceeding $1,000.
