[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
It is the intent of this chapter to protect
the general health, welfare and safety of the people of the Village
of Woodbury by prohibiting open fires which are dangerous to life
and property.
The Village Board has determined that people
are permitting open fires for burning of trash, refuse, rubbish or
other waste or discarded material despite the fact that such activities
are prohibited by the Environmental Conservation Law § 9-1105.
The Village Board also has determined that in many instances it is
necessary to control such open burning within a reasonable period
of time, whereas the enforcement of the Environmental Conservation
Law results in an indeterminate delay for an extended period of time
before the violator is prosecuted. Therefore, in order to expedite
the prosecuting of those who maintain open fires which jeopardize
the lives and property of the residents of the Village of Woodbury,
the Village Board finds it necessary to enact legislation which shall
afford such protection.
A.
No fires shall be set on or near forestland and left
unquenched; no fire shall be set which will endanger the property
of another; no person shall set forestland on fire; no person shall
negligently suffer fire on his own property to extend to property
of another; no person shall use combustible gun wads or carry naked
torches on forestlands; no fire shall be set in or near forestland
in connection with camping without all flammable material having first
been removed for a distance of three feet around the fire; no person
shall drop, throw or otherwise scatter lighted matches, burning cigars,
cigarettes or tobacco; and no person shall deface or destroy any notice
posted containing forest fire warnings, laws or rules and regulations.
B.
All fires for the burning of leaves shall be attended
at all times by an adult to control such fires, and no such fires
shall be permitted within boundaries of Village roads, streets or
highways or in the gutters adjacent thereto.
C.
No person shall deposit and leave brush or flammable
material upon the right-of-way of highways in any part of the Village.
D.
Brush, logs, slash or other flammable material shall
not be left or allowed to remain on land within 25 feet of the right-of-way
of a railroad or within 20 feet of the right-of-way of a public highway.
E.
Open fires for the burning of trash, refuse, rubbish
or other discarded material, whether on public or private lands, are
hereby prohibited, except by the Town of Woodbury Highway Department.
All trash, refuse, rubbish or other discarded material shall be burned
in an incinerator or other receptacle constructed in such a manner
that no sparks, embers or burning material shall escape into the atmosphere.
F.
The burning of motor vehicles, tires or garbage within
the Village of Woodbury is prohibited.
A.
No person shall set, or cause to be set, fires for
the purpose of burning logs, sawdust, slabs, brush, stumps, dry grass,
leaves or debris within any area of the Village without first obtaining
a written permit from the Building Department.
B.
All burning permits shall be subject to the following
conditions:
(1)
There shall be no burning on Sundays.
(2)
All burning, including burning in barrels, shall take
place between the hours of 9:00 a.m. to 5:00 p.m.
(3)
There shall be no burning of papers, tree stumps,
garbage, building materials, pressure-treated wood or hazardous materials.
(4)
The site where the burning is to take place shall
have an adequate water supply during the period of the burning.
(5)
Prior to starting the burning pursuant to the burning
permit, the Town of Woodbury Police Department shall be notified.
If, in the opinion of the Woodbury Fire Marshal
or the Woodbury Fire Chief, weather conditions are such that the starting
or the continuation of burning is a risk to life or property within
the Village, either the Fire Marshal or the Fire Chief shall have
the right to declare that any and all burning shall cease until further
notice.
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuance of
an offense for each day (24 hours) shall be deemed a distinct and
separate violation.
To the extent that state or county law is more
restrictive with respect to outdoor burning, the more restrictive
laws shall control.
