[Adopted 11-19-2001 by L.L. No. 3-2001 (Ch. 47, Art. II, of
the 1983 Code)]
[Amended 2-25-2013 by L.L. No. 2-2013]
The open burning of refuse on the surface of the ground, in
pits or in trash burners or barrels creates offensive smoke and odors
and results in a residue of unburned refuse which decays and causes
offensive odors and attracts flies, rodents and vermin, and creates
the unreasonable risks of harm from brush and forest fires, causes
air pollution and is generally an unsafe and unhealthy practice, is
a menace to public health and should be prohibited.
[Amended 2-25-2013 by L.L. No. 2-2013]
As used in this article, the following terms shall have the
meanings indicated:
Any wood or lumber which is not chemically treated, coated,
stained, sealed, glued or otherwise adulterated. "Clean wood" does
not include such materials as pressure-treated lumber, plywood, particle
board, fiberboard, and oriented strand board.
Any fire where the products of combustion are emitted into
the open air and are not directed through a stack or chimney connected
to a structure as defined by the New York State Uniform Fire Prevention
and Building Code.
All putrescible and imputrescible wastes, including but not
limited to garbage, rubbish, yard trimmings, leaves, ashes, street
cleanings, dead animals, abandoned vehicles, construction debris,
any non-clean wood, plastics, cans, paper and paper products, rags,
and tires.
[Amended 2-25-2013 by L.L. No. 2-2013]
Except as permitted by this article, no person shall cause,
suffer, allow or permit open burning either on the ground or in barrels,
trash burners, pits or outdoor fireplaces in the Town of Kingsbury.
[Amended 2-25-2013 by L.L. No. 2-2013]
Exceptions shall be:
A.
Open burning used exclusively for the purpose of preparing food will
be permitted, provided that the fire is properly contained, appropriately
sized, and temporary in nature. Fires must be attended by a competent
adult.
B.
Open burning used in conjunction with any normal farm operations, as defined in § 65-4 of this Code. Such materials being used shall be capable of being fully burned within a twenty-four-hour period. Fires must be attended by a competent adult and must be no closer than 100 feet to a public road or highway and no closer than 100 feet to any structure.
C.
Open burning for outdoor recreational fires of clean wood are permitted
between May 15 and the following March 15 as long as they are contained
so as to limit the size of the fire to three feet in diameter and
no more than three feet in height. Fires must be attended by a competent
adult and must be no closer than 30 feet to a public road or highway
and no closer than 25 feet to any structure or combustible material.
Burning is prohibited when weather or other atmospheric conditions
would create a fire spread hazard or would allow heavy smoke to encroach
upon neighboring premises.
D.
Open burning of clean wood as authorized by the Town Board and under
the direct supervision of the Fire Department.
[Amended 2-25-2013 by L.L. No. 2-2013]
The Fire Chief, his designee, or the Code Enforcement Officer
may prohibit any or all outdoor fires when atmospheric or local circumstances
make such fires hazardous.
A violation of any of the provisions of this article shall,
upon conviction thereof, subject the offending party to a fine not
to exceed $1,000.
