[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 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.
