TOWN OF STILLWATER LOCAL LAW # 8 OF 2009
A LOCAL LAW AMENDING LOCAL LAW #2-1998 REGARDING OPEN BURNING
Be it enacted by the Town Board of the Town of Stillwater as follows:
Section 1. Purpose. Findings and purpose.
The open burning of materials poses a threat to the health, safety and welfare of the Town’s residents. Such burning can cause air pollution and can be a health hazard as well as a nuisance to the general population. It is the purpose of this chapter to provide for health, safety and welfare by limiting open burning within the Town of Stillwater. This Local Law is intended to amend Chapter 74 of the Stillwater Town Code.
Section 2. Permit Required.
No person, partnership or corporation shall bum, allow to be burned, or permit to be burned, any brush, leaves, lumber, paper products, plastic, tires, chemicals, trash, garbage, refuse, wood or other related items in an open fire within the Town of Stillwater without having first obtained the proper permit for such burning.
Section 3. Exceptions.
Nothing in this chapter shall prevent the burning of outdoor grills or fireplaces for the purpose of preparing food. Nothing in the chapter shall prohibit campfires as long as they are attended while burning, are contained in an area no more than four feet in diameter or nine square feet and are completely extinguished if unattended. Other exceptions to the permit requirement are listed in 6 NYCRR Part 215, as amended.
Section 4. Issuance of permit.
Permits may be issued by the Code Enforcement Officer or Deputy Code Enforcement Officer of the Town of Stillwater upon proper application. Such permits shall be issued before any open burning begins. It is the responsibility of the Town of Stillwater Building Department to notify the Fire Companies located in the Town of Stillwater that a burning permit has been issued.
Section 5. Copy of permit on site.
The person to whom the permit is issued must maintain a copy of the permit and have it available for review by any enforcement officer at any time.
Section 6. Permit limited to materials from same property.
A permit can be issued only for materials generated on the property to which the permit to burn is issued.
Section 7. Control of fire; notification.
Burning with a valid permit does not relieve the permit holder from the responsibility of attending or controlling the fire at all times, from notifying the Saratoga County Fire Dispatch Center prior to the commencement of burning and when burning has been completed, from extinguishing all embers upon completion of the burn.
Section 8. Revocation of permit; order to extinguish fire.
A permit may be revoked or a fire ordered extinguished by the Code Enforcement Officer or the Deputy Code Enforcement Officer at any time the Code Enforcement Officer or the Deputy Code Enforcement Officer deems it proper.
Section 9. Permits required by other agencies.
The issuance of a bum permit by the Town does not preclude any permits required by any other agency, including, but not limited to, those permits required pursuant to Environmental Conservation Law Section 9-1105.
Section 10. Entities exempt from local permit.
The Town and fire Companies located within the Town are exempt from Town permits for the burning of materials not included in Section 2 herein. They are not exempt by this chapter from any required New York State permits.
Section 11. Limitations on permitted time to burn.
Burning permits shall have a defined period for which they are valid and shall not be construed to be valid for an unlimited period of time.
Section 12. Enforcement.
The enforcement of this chapter shall be made by the Code Enforcement Officer, Deputy Code Enforcement Officers, members of the Stillwater Police Department, but shall not restrict enforcement which would be conducted by any other police officer of the State of New York.
Section 13. Penalties for Offenses.
Every person convicted of violating any provision of this chapter shall be guilty of a violation punishable as follows: by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct violation hereunder.
Section 14. Effective Date.
This Local Law shall take effect upon being filed in the office of the New York Secretary of State, but before then shall be immediately effective upon anyone personally served with a copy after its adoption by the Town of Stillwater Town Board.