[HISTORY: Adopted by the Board of Trustees
of the Village of Clayton 9-10-2007 by L.L. No. 5-2007. Amendments noted where
applicable.]
The Board of Trustees of the Village of Clayton
hereby determines that the outdoor burning of structures, surplus
wood, rubbish, debris, brush, leaves, and all other materials constitutes
a hazard to the public and that the potential for personal injury
and unintended property damage by fire, smoke and embers is significantly
increased by such burning.
This chapter shall apply to all outdoor fire
and burning within the incorporated limits of the Village of Clayton.
Except as otherwise provided herein, the disposal
of refuse and waste by outdoor burning, bonfires, open fires of any
type or burning cans of any type is hereby prohibited within the Village
limits of the Village of Clayton. Nothing contained herein shall be
construed to prohibit the preparation of meals on small outdoor grills
or small outdoor fireplaces, or confined pits. Fires shall be permitted
in small devices for very localized heating not to exceed nine square
feet. Grills, pits and fireplaces, however, shall not be used for
the disposal of refuse and waste.
[Added 7-28-2008 by L.L.
No. 4-2008]
Notwithstanding anything contained to the contrary herein, the
Village of Clayton Fire Department may be authorized by resolution
of the Board of Trustees of the Village of Clayton to conduct scheduled
burns for training fire fighters upon submission of proof to the Board
of Trustees that proper safeguards will be in place to adequately
protect the public health, safety and welfare.
[Added 7-28-2008 by L.L.
No. 4-2008[1]]
Notwithstanding anything contained to the contrary herein, the
American Legion may conduct flag burning ceremonies for the purpose
of properly disposing of discarded American flags on the condition
that such burning is conducted with appropriate safeguards to keep
the fire, its smoke, sparks and residue contained and not pose a danger
to nearby properties or persons, or to the public health, safety and
welfare.
Any person, firm or corporation violating any
provisions of this chapter shall, upon conviction thereof, be subject
to a fine not to exceed $1,000, or imprisonment for not more than
15 days, or both such fine and imprisonment. Each day of continued
violation is a separate and distinct offense.
