[HISTORY: Adopted by the Town Board of the Town of Milton 5-12-2003
by L.L. No. 1-2003. Amendments noted where applicable.]
A.Â
No person shall set, or cause to be set, an open fire,
except small fires (less than three feet in diameter) for cooking, warmth
or smudge, and open fires for the purpose of on-site disposal of rubbish or
other debris generated by residential activities, without having first obtained
from the Department of Environmental Conservation [NOTE: Environmental Conservation
Law § 9-1105 and 6 NYCRR 191.1] a written permit to do so. A copy
of such permit obtained shall be sent to the Town Code Enforcement Officer
and Fire Chief of the district within which such fires shall be conducted.
B.Â
No person shall set an open fire for rubbish or other
debris generated by residential activities unless such material is burned
in a closed receptacle such as a metal drum or metal or masonry fireplace
with a mesh cover with openings not more than one-half-inch square.
C.Â
Open fires may be prohibited in the event a determination
of a serious fire hazard has been declared by the Town of Milton, Saratoga
County or the Department of Environmental Conservation.
Any person, firm or corporation who or which shall violate any of the
provisions of this chapter shall be punishable by a fine of not more than
$250 or a term of imprisonment not exceeding 15 days, or both. Each day's
continued violation shall constitute a separate offense.
As used in this chapter, the following terms shall have the meanings
indicated:
Any outdoor fire or outdoor smoke-producing process from which air
contaminants are emitted into the outdoor atmosphere.
Solid waste material, including but not limited to paper and paper
products; rags; trees or leaves, needles and branches therefrom; vines, lawn
and garden debris; cartons; wood; sawdust and demolition debris. Rubbish or
other debris shall not include garbage; incinerator residue; street sweepings;
dead animals; offal; liquid waste material; furniture; cans; crockery; plastics;
chemicals; paint; petroleum products; tires; vehicles or parts thereof.