[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls 9-11-2006 by L.L. No. 5-2006. Amendments
noted where applicable.]
It is the purpose and intent of the Village of Hudson Falls to protect
and preserve the health, safety and welfare of the residents of the Village
of Hudson Falls by regulating the open burning of refuse on the surface of
the ground, in pits or in trash burners, barrels or other receptacles. The
Board of Trustees of the Village of Hudson Falls has determined that the burning
of refuse creates offensive smoke and odors and results is a residue of unburned
refuse which decays and causes offensive odors and attracts flies, rodents
and vermin and creates the unreasonable risks of harm from brush and forest
fires, causes air pollution and is generally an unsafe and unhealthy practice,
is a menace to public health and should be prohibited.
As used in this chapter, the following terms, phrases, words and their
derivations shall have the meanings indicated:
Any fire where the products of combustion are emitted into the open
air and are not directed through a stack or chimney connected to a structure
as defined by the New York State Uniform Fire Prevention and Building Code.
All putrescible and imputrescible wastes including, but not limited
to, garbage, rubbish, yard trimmings, leaves, ashes, street cleanings, dead
animals, abandoned vehicles, construction debris, wood, plastics, cans, paper
and paper products, rags and tires.
No person shall cause, suffer, allow or permit open burning of refuse
either on the ground or in barrels, trash burners, pits or outdoor fireplaces
in the Village of Hudson Falls.
A.
Open fire used exclusively for the purpose of preparing
food will be permitted, provided that the fire is properly contained, appropriately
sized and temporary in nature.
B.
The burning of yard waste consisting of leaves, trimmings
and brush less than three inches in diameter is permitted if approved, in
writing, by the Village Code Enforcement Officer. Fires must be attended by
a competent adult and must be no closer than 30 feet from a public road or
highway and 50 feet from any structure. Burning is prohibited when weather
conditions would create a fire-spread hazard or would allow heavy smoke to
encroach upon neighboring premises.
C.
Outdoor recreational fires are permitted as long as they
are contained so as to limit the size of the fire to three feet in diameter
and no more than three feet in height.
The Fire Chief, his designee or the Code Enforcement Officer may prohibit
any or all outdoor fires when atmospheric or local circumstances make such
fires hazardous.
Any person convicted of violating this chapter shall be subject to a
fine not exceeding $250 or imprisonment for a period not exceeding 15 days,
or both, for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of three years, punishable by
a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both. Each day which the violation(s)
continues shall be a separate offense.
This chapter shall become effective upon filing with the Secretary of
State.
