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Town of Kingsbury, NY
Washington County
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[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:
CLEAN WOOD
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.
OPEN BURNING
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.
REFUSE
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.