[HISTORY: Adopted by the Town Board of the Town of Stillwater 7-19-1997 by L.L. No. 5-1997; amended in its entirety 12-17-2009 by L.L. No. 8-2009. Subsequent amendments noted where applicable.]
The open burning of materials poses a threat to the health, safety and welfare of the Town's residents. Such burning can cause air pollution and can be a health hazard as well as a nuisance to the general population. It is the purpose of this chapter to provide for health, safety and welfare by limiting open burning within the Town of Stillwater. This chapter is intended to amend Local Law No. 2-1998.
No person, partnership or corporation shall burn, allow to be burned, or permit to be burned any brush, leaves, lumber, paper products, plastic, tires, chemicals, trash, garbage, refuse, wood or other related items in an open fire within the Town of Stillwater without having first obtained the proper permit for such burning.
Nothing in this chapter shall prevent the burning of outdoor grills or fireplaces for the purpose of preparing food. Nothing in this chapter shall prohibit campfires as long as they are attended while burning, are contained in an area no more than four feet in diameter or nine square feet and are completely extinguished if unattended. Other exceptions to the permit requirement are listed in 6 NYCRR Part 215, as amended.
Permits may be issued by the Code Enforcement Officer or Deputy Code Enforcement Officer of the Town of Stillwater upon proper application. Such permits shall be issued before any open burning begins. It is the responsibility of the Town of Stillwater Building Department to notify the fire companies located in the Town of Stillwater that a burning permit has been issued.
The person to whom the permit is issued must maintain a copy of the permit and have it available for review by any enforcement officer at any time.
A permit can be issued only for materials generated on the property to which the permit to burn is issued.
Burning with a valid permit does not relieve the permit holder from the responsibility of attending or controlling the fire at all times, from notifying the Saratoga County Fire Dispatch Center prior to the commencement of burning and, when burning has been completed, from extinguishing all embers upon completion of the burn.
A permit may be revoked or a fire ordered extinguished by the Code Enforcement Officer or the Deputy Code Enforcement Officer at any time the Code Enforcement Officer or the Deputy Code Enforcement Officer deems it proper.
The issuance of a burn permit by the Town does not preclude any permits required by any other agency, including, but not limited to, those permits required pursuant to Environmental Conservation Law § 9-1105.
The Town and fire companies located within the Town are exempt from Town permits for the burning of materials not included in § 74-2 herein. They are not exempt by this chapter from any required New York State permits.
Burning permits shall have a defined period for which they are valid and shall not be construed to be valid for an unlimited period of time.
The enforcement of this chapter shall be made by the Code Enforcement Officer, Deputy Code Enforcement Officers, and members of the Stillwater Police Department, but shall not restrict enforcement which would be conducted by any other police officer of the State of New York.
Every person convicted of violating any provision of this chapter shall be guilty of a violation punishable as follows: by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct violation hereunder.