[HISTORY: Adopted by the Town Board of the Town of Wappinger 4-9-2001
by L.L. No. 3-2001. Amendments noted where applicable.]
A.Â
The Town Board recognizes that the open burning of materials
potentially poses a threat to life and property and that such open burning
can cause possible loss of life and damage to other properties and their owners.
It is the purpose of this chapter to ensure the safety, health and welfare
of the residents and property in the Town by prohibiting the open burning
of all materials, except as specifically permitted herein.
B.Â
The purpose of this chapter is to prohibit outdoor open
fires and burning in the Town of Wappinger except as specifically permitted
in this chapter. Environmental Conservation Law § 9-1105 and 6 NYCRR
Part 215 authorize the Department of Environmental Conservation (DEC) to authorize
permits for landowners to conduct prescribed burn activity and to conduct
open burning on the landowner's property. Recently, several permits have
been issued by the DEC for open burning within the Town of Wappinger. In each
of these instances, the permit holder did not conduct the burn activities
in accordance with the conditions outlined in the permit, resulting in situations
that imperiled the health and safety of the residents of the Town of Wappinger.
C.Â
Town Law § 130 has specifically authorized
a Town to adopt ordinances and regulations that would control and prevent
fires. The Town Board notes that the Town of Wappinger has approximately 26,000
residents, and is the third largest municipality in population size in Dutchess
County. While many residential areas are served with central water, not all
of these central water facilities are equipped with fire-rated hydrants, capable
for use by fire-fighting equipment. Further still, there are many residential
neighborhoods whose primary source of water is through private well systems.
ln the event of an uncontrolled fire, containment of the fire would be entirely
dependent on the local volunteer fire company's equipment to control,
contain and extinguish the fire.
D.Â
The Town Board finds that there is no public benefit
to permit open fires in the Town of Wappinger, and hereby determines that
the safety, health and general welfare of persons and properties in the Town
of Wappinger would be benefited by restricting open "outdoor" burning of all
materials. The prevention of outdoor open burning will also have a great effect
on the minimization of air pollution, which could have a detrimental effect
on the health and the welfare of the residents of the Town as well as eliminating
a potential threat to life and property.
E.Â
It is not the intent of the adoption of this section
of the Code to prohibit the use of outdoor candles (citronella, etc.), barbecue
pits, fire pits, outdoor fireplaces or wood, gas or charcoal grills designed
and used solely for the preparation of food. It is also not the intent of
this chapter to prohibit open fires when used by governmental or municipal
authorities for the training of personnel in fire-fighting techniques or the
use of fire-fighting equipment.
As used in this chapter, the following words shall have the meanings
specified below:
The animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
Any steel, cast iron, masonry or wire receptacle with solid or perforated
sides, fronts and backs (any such perforations not exceeding one inch on a
side or in diameter), equipped with a spark arrestor or cover sufficient to
prevent the escape of sparks or embers, with no openings or perforations exceeding
one inch on a side or in diameter and with any draft doors or other openings
protected with a one-inch-mesh wire screen or equivalent.
Any outdoor fire or burning or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere, other
than by a fire in stove, oven, furnace or incinerator designed and constructed
for the burning of material. The term "open fire" shall not be deemed to include
fires in barbecue pits, outdoor candles (citronella, etc.), outdoor fireplaces
and wood, gas or charcoal grills designed and used for the purpose of cooking
food for human consumption, and shall not include the use of a fire in a fireplace
by recognized organizations such as Girl Scouts or Boy Scouts or Fire Department,
where such fireplace is used under the constant supervision of responsible
officials of such organizations.
Any fire contained within a stove, furnace, incinerator or device
that fully contains such fire and is so designed and constructed as to prevent
spreading of the fire or the discharge of burning particles or materials into
the atmosphere. The term "protected fire" shall not be deemed to include fires
in barbecue pits, outdoor candles (citronella, etc.), outdoor fireplaces and
wood, gas or charcoal grills designed and used for the purpose of cooking
food for human consumption, and shall not include the use of a fire in a fireplace
by recognized organizations such as Girl Scouts or Boy Scouts or Fire Department,
where such fireplace is used under the constant supervision of responsible
officials of such organizations.
All waste material, including, but not limited to, garbage, rubbish,
incinerator residue, street sweepings, dead animals and offal.
Solid or liquid waste material, including, but not limited to, paper
and paper products; rags; trees or leaves, needles and branches therefrom;
vines; lawn and garden debris; furniture; cans; crockery; plastics; cartons;
chemicals; paint; grease; slugs; oils and other petroleum products; wood;
sawdust; demolition materials; tires; automobiles and other vehicles and parts,
for junk, salvage or disposal
It shall be unlawful for any person to light, permit or maintain an
open fire within the Town of Wappinger for any purpose.
A.Â
It shall be unlawful to light, permit or maintain a protected
fire outside of any building with the Town of Wappinger for any purpose.
B.Â
It shall be unlawful to light, permit or maintain a protected
fire inside any building within the Town of Wappinger for the purposes of
burning garbage, refuse or rubbish.
Notwithstanding the foregoing, the following open fires shall be permitted
in accordance with a permit issued by the Town of Wappinger Fire Inspector
upon a written application:
A.Â
A bonfire or other open fire sponsored by a school or
other governmental entity or by private organizations such as the Boy Scouts,
Girl Scouts, Little League, fire companies, etc., in connection with programs
and activities conducted by such entities and organizations.
B.Â
Open fires used in connection with farm land clearing
or other farm purposes.
An application for such permit shall include:
A.Â
A statement why such burning should be permitted;
B.Â
A map or sketch identifying the area where the burn activities
will be undertaken;
C.Â
A description of the anticipated intensity and duration
of the burn activity with the type of fuel to be utilized;
D.Â
A description of the logistics of the burning activity,
the number of personnel to be present, the fire management equipment that
will be available and/or deployed to ensure that the burn is restricted to
the area(s) prescribed for burn management;
E.Â
A description of fire-suppression activities to be immediately
implemented should the prescribed burn threaten to escape or actually escape
beyond the boundaries identified for such burn;
F.Â
A description of the procedure for notifying appropriate
local fire officials and law enforcement personnel, the actual date, time
and estimated time for any prescribed burn;
G.Â
A description of the procedure for notifying all adjacent
landowners prior to the undertaking of a prescribed burn; and
H.Â
A description of the procedures that will be undertaken
to ensure that prescribed burn will be fully extinguished at the conclusion
of the burn.
No permit issued under this chapter shall authorize:
[Amended 8-18-2003 by L.L. No. 10-2003]
This chapter will be enforced by the Zoning Administrator, the Building
Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire
Inspector and any police agency having jurisdiction within the Town of Wappinger.
[Amended 3-22-2004 by L.L. No. 5-2004]
A first violation of this chapter shall be an offense, punishable by a fine in the amount set forth in Chapter 122, Article V, § 122-20M of the Code, or imprisonment for a period not to exceed 10 days, or both. A second or subsequent offense of any provision of this chapter within five years of the first offense shall be punishable by a fine in the amount set forth in Chapter 122, Article V, § 122-20M of the Code or imprisonment for a period not to exceed six months, or both. In addition to these penalties, the Town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.
