[HISTORY: Adopted by the Town Board of the Town of Marcellus 3-10-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
The purpose of this chapter shall be to protect and promote
the health, safety and welfare of the people of the Town of Marcellus
by prohibiting the burning of garbage, rubbish and refuse and regulating
open burning and recreational fires.
For the purpose of this chapter, the following words, phrases
and terms and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular, words used in the singular include the plural, and words
used in the masculine include the feminine. The word "shall" is always
mandatory and not merely directory.
A properly maintained and utilized barbecue grill, barbecue
pit or outdoor fireplace that utilizes a spark-arresting screen and
a lid or wherein products of combustion pass through a stack or chimney
from an enclosed chamber.
An outdoor fire that has a total fuel area of more than three
feet in diameter.
Putrescent animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The burning of materials outside of an approved container
wherein products of combustion are emitted directly into the ambient
air without passing through a stack or chimney from an enclosed chamber.
Open burning does not include road flares, smudge pots and similar
devices associated with safety or occupational uses typically considered
open flames.
An outdoor fire burning materials other than garbage, rubbish
or refuse where the fuel being burned consists of a total fuel area
of three feet or less in diameter and two feet or less in height for
pleasure, religious, ceremonial, cooking, warmth or similar purposes
and excluding the burning of materials for the sake of disposal.
Nonputrescent and putrescent solid waste, including garbage,
rubbish, ashes, incinerator residue, street cleanings, dead animals,
abandoned automobiles and any parts thereof, agricultural waste, excluding
usable agricultural equipment, commercial waste, industrial waste
and construction and demolition debris, including commercial and industrial
equipment having no value other than scrap metal.
The Town of Marcellus.
A.
Except as permitted by the Town Board pursuant to § 181-23, no garbage, rubbish or refuse shall be burned in an open fire or in an approved contained, metal basket, can or drum in any part of the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Burning that will be offensive or objectionable due to smoke or odor
emissions, or when atmospheric conditions or local circumstances make
such fires hazardous, shall be prohibited.
A.
General. A person shall not kindle or maintain or authorize to be
kindled or maintained any outdoor fires or open burning unless conducted
and approved in accordance with this section.
B.
Burn permits required. Individual property owners shall be allowed
to conduct bonfires and to burn brush and tree limbs with prior approval
of the Town of Marcellus Code Enforcement Officer, who shall consider
the factors of firesafety, environmental pollution and proximity of
neighbors. Commercial burning of brush, wood and wood products shall
be allowed with the approval of the Department of Environmental Conservation
of the State of New York and the Town of Marcellus Code Enforcement
Officer. Practice burns of brush, wood and structures by the Marcellus
Fire Department shall be allowed with prior approval of the Town of
Marcellus Code Enforcement Officer. Exception:
(1)
Recreational fires.
C.
Location. The location for open burning shall not be less than 50
feet from any structure, and provisions shall be made to prevent the
fire from spreading to within 50 feet of any structure. The Town of
Marcellus Code Enforcement Officer may increase the required distance
from structures as warranted. Exceptions:
D.
Attendance. Open burning, recreational fires and bonfires shall be
constantly attended until the fire is extinguished. A minimum of one
portable fire extinguisher with a minimum 4-A rating or other approved
on-site fire-extinguishing equipment, such as dirt, sand, water barrel,
garden hose or water truck, shall be available for immediate utilization.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $500. Each day
of continued violation of this chapter, after written notice thereof,
shall constitute a separate additional violation. In addition, the
Town may also institute an action or proceeding, including an injunction,
to compel compliance with or prevent violation of this chapter.
