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Town of Salina, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Salina 4-26-2021 by L.L. No. 4-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 78, Bonfires, adopted 9-19-1966, as amended.
A. 
The purpose of this chapter shall be to protect and promote the health, safety and welfare of the people of the Town of Salina by prohibiting the burning of garbage, rubbish and refuse and regulating open burning and recreational fires.
B. 
It is recognized that occasional recreational fires, as allowed herein, are acceptable in the Town of Salina using clean firewood.
For the purposes of this chapter, the following words, phrases and terms and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words used in the singular include the plural and words used in the masculine include the feminine. The word "shall" is always mandatory and not merely directory.
APPROVED CONTAINER
A properly maintained and utilized barbeque grill, barbeque pit or outdoor fireplace that utilizes a spark-arresting screen and/or a lid or wherein products of combustion pass through a stack or chimney from an enclosed chamber.
[Amended 9-27-2021 by L.L. No. 10-2021]
FIREWOOD
Clean, seasoned wood that has been properly cut and kept in a dry place for seasoning for over six months.
[Amended 9-27-2021 by L.L. No. 10-2021]
GARBAGE
Putrescent animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food; wastepaper products or household trash shall also be considered "garbage."
OPEN BURNING
The burning of materials outside of an approved container wherein products of combustion are emitted directly into the ambient air without passing through a stack, chimney or spark-arresting screen from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames.
RECREATIONAL FIRE
An outdoor fire burning firewood in an approved container where the fuel area shall be no more than three feet in diameter and no more than 24 inches in height.
[Amended 9-27-2021 by L.L. No. 10-2021]
REFUSE
Nonputrescent and putrescent solid waste, including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, abandoned automobiles and any parts thereof, agricultural waste, excluding usable agricultural equipment, commercial waste, industrial waste and construction and demolition debris, including commercial and industrial equipment having no value other than scrap metal, pressure-treated or painted wood.
TOWN
Town of Salina.
A. 
No refuse shall be burned in an open fire or in an approved container, metal basket, can or drum in any part of the Town.
[Amended 9-27-2021 by L.L. No. 10-2021]
B. 
When atmospheric conditions, like wind speeds of 15 mph or more, or other local circumstances make such fire hazardous, outdoor burning shall be prohibited.
[Amended 9-27-2021 by L.L. No. 10-2021]
C. 
Open burning.
D. 
Any fire outside the constraints of an approved container.
E. 
Any fire that will be or is offensive or objectionable because of smoke or odor emissions as determined by the Town's Code Enforcement Officer.
[Amended 9-27-2021 by L.L. No. 10-2021]
F. 
Any fire that is within 50 feet of any combustible material, like gasoline, kerosene, oil, cars or other vehicles powered by gasoline, or as determined by the Town's Code Enforcement Officer.
[Added 11-22-2021 by L.L. No. 13-2021]
A. 
General. A person shall not kindle or maintain or authorize to be kindled or maintained any recreational fires unless conducted and approved in accordance with this section.
B. 
Location. The location for recreational fires shall not be less than 15 feet from any structure, including fences. The Town Code Enforcement Officer may increase the required distance from structures as warranted.
[Amended 9-27-2021 by L.L. No. 10-2021]
C. 
Attendance. Recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
D. 
Approved container. Only firewood or charcoal can be used for recreational fire(s) in an approved container and pursuant to the size and intensity allowed under New York State Department of Environmental Conservation regulations.
Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine not exceeding $500. Each day of continued violation of this chapter, after written notice thereof, shall constitute a separate additional violation. In addition, the Town may also institute an action or proceeding, including an injunction, to compel compliance with or prevent violation of this chapter.