Town of Kingston, NY
Ulster County
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[HISTORY: Adopted by the Town Board of the Town of Kingston 10-6-2005 by L.L. No. 2-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 425.
The purpose of this chapter shall be to prevent the danger to the public health and safety posed by uncontrolled and unregulated outside burning.
As used in this chapter, the following terms shall have the meanings indicated:
FIRE CHIEF
The Fire Chief for the Fire Protection District in which the application is sought. The term shall include the Assistant Fire Chief, or such other person designated by the Fire Chief.
A. 
The burning of an open fire may be permitted, provided it is not contrary to other law, in accordance with written permit as set forth below.
B. 
No person or business shall burn, allow or permit the outside burning of any brush, leaves, timber, lumber, plastic, tires, chemicals, trash, garbage, construction demolition, refuse or any other material within the limits of the Town of Kingston without a written permit from the Fire Chief after written application.
C. 
No fire shall be allowed in such manner that:
(1) 
The emissions interfere with the reasonable enjoyment of life or property.
(2) 
The fire may cause damage to vegetation or property.
(3) 
The fire may be harmful to human or animal health.
D. 
The Town Board and/or the Fire Chief reserves the right to ban all fires within the limits of the Town of Kingston due to drought and any other unforeseen circumstance.
E. 
All fires shall be contained in a burn barrel or other similar device, which shall be placed at a minimum of 150 feet from the nearest dwelling or structure on adjoining properties.
F. 
No fire shall be allowed to clear land without the written permission of the Fire Chief. Said written permission shall include such restrictions the Fire Chief so determines as necessary for the public safety.
G. 
The requirements of this chapter shall not prohibit the outside burning for:
(1) 
Fires set solely for the cooking of food;
(2) 
Any fires for commercial purposes as approved by the Fire Chief.
A. 
An application for burning shall be prepared by the Fire Chief. Upon approval by the Fire Chief, a permit shall be issued for a specified period and shall contain such conditions as are deemed necessary for the public health and safety.
B. 
An application for an open fire under § 134-3F may include such additional information as the Fire Chief deems necessary and such permit shall contain such limitations, instructions or additional requirements as the Fire Chief deems necessary for public health and safety.
C. 
The permit may be revoked by the Fire Chief if there is:
(1) 
A failure to comply with its conditions;
(2) 
A violation of law in connection with the burning;
(3) 
The occurrence or likely occurrence of a danger to the safety or public health of the community.
D. 
Upon revocation of a permit, the permittee shall have a right to a hearing before the Town Board within 30 days upon written request.
A. 
The Fire Chief for the fire district, police officer, peace officer, or Code Enforcement Officer for the Town of Kingston may issue a summons on information for violation of this chapter.
B. 
Any person convicted of violating any provision of this chapter shall be guilty of a violation punishable by a fine up to $250 or by imprisonment of not more than 15 days or by both fine and imprisonment.