Town of Wilna, NY
Jefferson County
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[HISTORY: Adopted by the Town Board of the Town of Wilna 5-8-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
The Town Board of the Town of Wilna, pursuant to the authority granted it under Article 4 of the Town Law and §§ 10 and 20 of the Municipal Home Rule Law hereby enacts as follows.
The Town Board of the Town of Wilna hereby finds that open burning of brush, wood, lumber, paper products, plastic, tires, refuse or other combustible material causes air pollution, is a fire hazard and is otherwise injurious to the public health, safety and welfare with the residents of the Town of Wilna, it is the purpose and intent of this chapter to control and regulate the open burning of certain materials within the Town of Wilna.
Except for a controlled burn authorized and under the supervision of a fire department or other governmental entity, any outdoor burning of materials in the Town of Wilna must be strictly in compliance with all state laws and regulations and with this chapter. Only those items stated herein will be allowed to burned outdoors and only under the terms and conditions of this chapter.
Only natural wood, charcoal, charcoal briquettes, scrap paper products or brush may be burned. There shall at no time be any burning of garbage, tires, petroleum products, or plastics.
Accelerants such as gasoline may not be used to start or continue a fire with the exception of charcoal lighter fluid which may be used to light charcoal briquettes.
A. 
No outdoor fire may be held except in an enclosed area or container except for the burning of brush which may be in an open area.
B. 
No outdoor fire shall be started within 50 feet of any property line or any building.
A. 
No outdoor fire shall be allowed where prevailing wind conditions are greater than five miles per hour.
B. 
No flames shall be allowed to exceed four feet in height in any outdoor burning.
C. 
No outdoor fire shall produce smoke or odor which shall prevent peaceful enjoyment of any neighboring property or adversely affect a documented medical condition.
D. 
No outdoor fire may be left unattended.
E. 
All outdoor fires must be conducted in a controlled or a secure area so as to prevent the spread of such fire.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person found to be in violation of this chapter shall be guilty of a violation punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Additionally, the Town may seek injunctive relief in a court of competent jurisdiction when appropriate.
If any part of this chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this chapter.