ARTICLE XVII

OPEN FIRES

Section 1. Definitions

       a)     “Garbage” shall mean the animal and vegetable wastes resulting from the handling, preparation, cooking and serving of food.

b) “Open fire” shall mean any outdoor fire or outdoor smoke producing process where the air contaminants are emitted directly into the outer air, except campfires burned for recreational purposes only.

c) “Prohibited materials” shall mean solid or liquid waste material including but not limited to paper and paper products; rags; trees; or leaves; needles, and branches therefrom; vines; lawn and garden debris; furniture; cans; crockery; plastics; cartons; chemicals; paint; greases; sludges; oils and other petroleum products; wood; saw dust; construction/demolition materials; tires; and automobiles and other vehicles and parts, for junk, salvage, or disposal.

d) “Refuse” shall mean all waste material, including but not limited to garbage, rubbish, incinerator residue, street sweepings, dead animals and offal.

e) “Refuse Disposal Area” shall mean land used for the depositing of refuse except that it shall not include the land used for the depositing of refuse from a single family, a member of which is the owner, occupant or lessee of said land, or any part of a farm on which only animal manure or vegetable waste resulting from the operation of such farm is deposited. This definition includes, but is not limited to, those areas commonly referred to as landfills and dumps.

f.) “Rubbish” generated by residential activities” shall mean waste material from normal household activities such as paper, paper products, trees, leaves, tree needles, branches, vines, lawn and garden debris and wood.

Section 2. Prohibitions

2.1 Except as otherwise permitted by the New York State Department of Environmental Conservation, no person shall burn, allow or permit the burning in a open fire;

a)      of garbage, refuse or prohibited material whether at a refuse disposal area or otherwise, except as allowed in subsection c) of this section;

b)      for on-site disposal, or prohibited materials, as defined in Section 1 c), generated by industrial or commercial activities other than agricultural;

c)      for on-site disposal, of rubbish generated by residential activities in any city or incorporated village;

d)      of any material in such a way as to create a public health hazard or nuisance, whether such fire shall be recreational or not;

e)      for on-site disposal, or prohibited material generated by activities at a temporary residence;

f)        of prohibited material generated by land clearing or demolition, or the construction or modification of any highway, railroad, power or communication line, or pipelines; or for the development or modification of a recreational area or park;

g)      of prohibited material in an area during a period for which forecasts, alert 1, alert 2 or emergency stages of an air pollution episode have been announced. 2.2 Except as otherwise permitted by the New York State Department of Environmental Conservation, no person shall burn, allow or permit the burning of any prohibited material in any indoor heat producing equipment in such a way as to create a public health hazard or nuisance.