[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson 6-26-2023 by L.L. No. 10-2023. Amendments noted where applicable.]
This chapter shall be entitled "Open Fires."
A.
Open fires can pose a threat to life and property in the Village
of Croton-on-Hudson if not properly controlled. Said fires can cause
air pollution, which can have a detrimental effect on a citizen's
health. Said fires can also spread and cause damage to other properties
and their owners and may result in the possible loss of life. It is
the purpose of this chapter to promote the health, comfort and convenience
and general welfare of the persons and property in the Village of
Croton-on-Hudson by restricting open fires.
B.
This chapter shall augment, and in no way conflict with or supersede,
Title 6, Chapter 3, Subchapter A, Part 215, of the New York Codes,
Rules and Regulations and, where applicable, shall regulate those
areas specifically prescribed to the authority of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
An outdoor fire that has a horizontal dimension of more than
three feet in length, width or diameter.
The official New York State Brush Burning Ban, as established
annually by the New York Department of Environmental Conservation
(DEC).
A camp fire or other outdoor fire less than three feet in
height, and less than three feet in length and width or diameter.
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
Open fires include burning in barrels or modified barrels. Open fires
do not include burning in outdoor furnaces or boilers that are used
to heat buildings when the devices are actually used for such purpose.
A commercially designed and manufactured freestanding, often
portable, outdoor fireplace or fire pit sold specifically for outdoor
recreational burning and commonly made out of metal and used for either
clean wood or gas burning. This definition shall also include recreational
fire pits and outdoor fireplaces built encompassing a wide variety
of styles and functions, from a traditional campfire pit to more elaborate
constructions of materials such as steel, brick, stone and masonry.
Any individual, firm, partnership, company, corporation,
society, association or group.
An official weather alert issued by the National Weather
Service or successor agency.
Solid or liquid waste materials, including, but not limited
to, rags, cartons, chemicals, paint, grease, sludges, oils, any petroleum
products other than legitimate home heating and cooking products,
construction materials, including, but not limited to, sheetrock,
chip board, asphalt or fiberglass shingles, or pressure-treated lumber,
automobile parts, tires, dead animals or animal parts, metal goods,
including, but not limited to, refrigerators, stoves and like appliances,
diapers, yard grass clippings, leaves, paper and paper products, packaging
materials, Styrofoam, mattresses, cigarette filters, glass, plastic
of any kind and furniture.
An outdoor fire less than three feet in height, and less
than three feet in length and width or diameter.
For the purposes of this chapter, any wood or lumber which
is not chemically treated, coated, stained, sealed, glued or otherwise
adulterated. Untreated wood does not include such materials as pressure-treated
lumber, plywood, particle board, fiberboard, and oriented strand board.
Except as allowed in § 167-5, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.
A.
Burning permits required. Notwithstanding § 167-4 above, the following activities are permitted subject to receipt of a valid burning permit issued by the Village Manager:
(1)
Ceremonial or celebratory bonfires where not otherwise prohibited
by law, provided that only untreated wood or other agricultural products
are used as fuel and the fire is not left unattended until extinguished.
B.
Application and issuance of burning permits.
(1)
An application for a burning permit shall be filed at least five
working days' prior to the projected open fire and shall be accompanied
by the required fee, as adopted by the Village Board of Trustees.
(2)
The permit application shall contain such information as the Village
Manager, after consulting the Village Fire Department, determines
to be necessary to assure the safety and security of person and property
and the avoidance of air pollution or other harm to the surrounding
environment.
(3)
A burning permit may be suspended or revoked by the Village Manager,
or if he is not available by the Fire Chief, for failure to comply
with its conditions, a violation of law in connection with the burning
or in the likely occurrence of dangerous conditions.
(4)
Any burning permit issued pursuant to this chapter shall contain
the condition that the open fire shall be attended at all times with
appropriate fire-extinguishing equipment readily available.
C.
Restrictions on the issuance of burning permits. No burning permit
shall be issued by the Village Manager during an active red flag warning
or burn ban period.
A.
Notwithstanding §§ 167-4 and 167-5, the following activities and apparatus are expressly permitted and exempt from the requirements of a permit:
(1)
Grilling or cooking using charcoal, propane, butane, untreated wood,
or natural gas in cooling or grilling appliances approved for such
solid, liquid, or gas fuels.
(2)
Maple sugar arches and similar outdoor cooking devices when actually
used for cooking or processing food.
(3)
Small fires used for cooking and camp fires, provided that only charcoal
or untreated wood is used as fuel and the fire is not left unattended
until extinguished.
(4)
Burning in a stove, outdoor fireplace, fire pit, or furnace, unless
the material being burned includes refuse as defined in this chapter.
(5)
The use of propane, butane, acetylene, natural gas, gasoline, diesel
or kerosene in an approved device intended for heating, construction
or maintenance activities.
(6)
Small fires that are used to dispose of a flag or religious item,
and small fires or other smoke-producing processes where not otherwise
prohibited by law that are used in connection with a religious ceremony
and the fire is not left unattended until extinguished.
B.
The Village of Croton-on-Hudson discourages the above activities
and apparatus during an active red flag warning or burn ban period.
A.
Notwithstanding any conviction(s) for violation of state law, violation of this chapter shall constitute a violation of the Village Code, subject to penalties provided by § 1-12 of Chapter 1 of the Village of Croton-on-Hudson Code and revocation of any and all permits issued pursuant to this chapter. Any such violation will also be considered in determining whether future permits under this chapter should be issued to the same sponsor and/or operator.
B.
The provisions of this chapter shall be enforced by the Village Police
Department of the Village of Croton-on-Hudson, Code Enforcement Officers
of the Village of Croton-on-Hudson, or other officials designated
by the Village Manager.
