City of Plattsburgh, NY
Clinton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Plattsburgh by L.L. No. 5-2007 (Ch. 176 of the 1989 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BONFIRE
An open fire for recreational or ceremonial purposes consisting of materials approved for burning by the Chief of the Fire Department.
CHIEF OF THE FIRE DEPARTMENT or FIRE CHIEF
The appointed Fire Chief, or any officer in command of the central firehouse in the absence of the Fire Chief.
OPEN FIRE
All outside burning of garbage, rubbish, rubbish for salvage, refuse and other waste materials (including, but not limited to, incinerator residue, street sweepings, dead animals, offal, leaves, branches, bushes, stumps, and grass) where any flame or embers are exposed to the open air.
SMALL RECREATIONAL FIRE
Outside burning of wood, which woodpile can be no larger than three feet in diameter and three feet in height, for legitimate cooking, warmth, recreational or ceremonial purposes contained in some type of controlled area or enclosure.
[Added 6-8-2017 by L.L. No. 1-2017]
[Amended 6-8-2017 by L.L. No. 1-2017]
A. 
Open fires are prohibited, except that a bonfire, or open fire for the clearing of land is permitted if a permit for the same is obtained as herein provided.
B. 
Small recreational fires must be contained in a stone surround, fire pit, brick barbecue, metal fire stand, or clay chiminea and must have a functioning spark arrestor to prevent sparks or ashes from arising from the fire.
C. 
Small recreational fires must be a minimum of 25 feet from any structure or combustible material.
D. 
If the City Police Department, City Fire Department, Code Enforcement Officer, or any other peace officer receives a complaint from a neighbor that the smoke from the open fire, bonfire or small recreational fire has become offensive, objectionable or a nuisance, the responding City official shall attempt to find a solution to mitigate the offensive smoke or fire. If the attempted solution does not reasonably resolve the issue, the fire must be extinguished.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A permit for an open fire permitted in accordance with § 230-2A and/or state law regulations in 6 NYCRR Part 215 must first be obtained from the New York State Department of Environmental Conservation. Upon obtaining such permit, an application for an open fire permit shall be made to the Chief of the Fire Department. The application shall include information about the date, time, place and reason for the fire, and such other information as the Chief may deem relevant to assessing the risk to property or persons posed by the open fire, the applicant's fire and liability insurance coverage, the safety plan and measures to be taken while the fire is burning.
[Amended 6-8-2017 by L.L. No. 1-2017]
All open fires, bonfires and small recreational fires shall be under the constant supervision of an adult who is physically capable of extinguishing the fire and equipped with fire extinguishing equipment. All open fires, bonfires and small recreational fires shall be constantly supervised until completely extinguished.
[Amended 6-8-2017 by L.L. No. 1-2017]
Any City permit may be canceled without notice, and any open fire, bonfire or small recreational fire extinguished, if the Fire Chief believes that permit conditions or this chapter have been violated, or he determines that weather conditions pose an unacceptable risk of danger to persons or property.
A violation of this chapter shall constitute an offense punishable by a fine of up to $500.