Except as provided in §
206-3 below, no person shall engage in the open burning of any garbage, solid waste, grasses, or other refuse of any kind on any public property or private property located within the Village of Argyle. This prohibition on burning includes burning of construction waste and debris at construction sites.
The following definitions shall be applicable in this article:
BURNABLE YARD WASTE
Leaves, yard and garden debris, excluding grass clippings,
and brush, including clean woody vegetative material less than three
inches in diameter.
GARBAGE
Discarded materials resulting from the handling, processing,
preparation, storage, cooking and consumption of food, and discarded
animal feces.
OPEN BURNING
Burning from which the products of combustion are emitted
directly into the air without passing through a stack or chimney.
REFUSE
All matters produced from industrial or community life, subject
to decomposition.
SOLID WASTE
Garbage, refuse, recyclable materials, grasses and all other
discarded or salvageable solid materials, including solid waste materials
resulting from industrial, commercial and agricultural operations,
and from domestic use and public service activities.
The following regulations shall be applicable for open burning:
A. All open burning shall be performed in a safe, pollution-free manner,
when wind and weather conditions are such as to minimize adverse affects,
and in conformance with local and state fire protection regulations.
Open burning shall not be used to covertly burn plastic, construction
debris or other prohibited materials.
B. Startup shall be accomplished by using kindling materials rather
than waste oil, tires or other rubber materials.
C. The size of the pile of material to be burned shall not exceed four
feet in any direction measured horizontally or three feet measured
vertically.
D. The pile of material being burned shall be at least 50 feet away
from any structure, wood or lumber pile, wooden fence, trees or bushes.
Provisions shall be made to prevent the fire from spreading to within
50 feet of such items or the fire shall otherwise be contained in
an approved incinerator or burner device which is located at least
15 feet from any structure, wood or lumber pile, wooden fence, trees,
or bush(es).
E. Any ashes created by burning such material as is lawful under this
article are to be disposed of in a manner authorized by law.
F. Open burning shall be constantly attended and supervised by a competent
person of at least 16 years of age until such fire is extinguished.
This person shall have readily available for use such fire-extinguishing
equipment as may be necessary for the total control of the fire while
burning and/or extinguishing such fire.
G. No materials may be burned upon any street, curb, gutter, sidewalk,
or drainage ditch.
The Fire Chief of the Argyle-Adams Fire Department shall have
the authority to ban all open burning, except open burning used in
food preparation, when weather conditions are such that open burning
would threaten life and/or property.