FOR IMMEDIATE RELEASE Bayville, NY - June 16, 2009
Following is the text of Local Law 2009-2 which was passed by the Board of Trustees at the June 15, 2009 meeting.
§ Legislative Intent – The unrestricted burning in any open fire creates unreasonable risks of harm, damage to property, causes air pollution, and is generally an unhealthy and unsafe practice which shall be prohibited.
§ Definitions
BONFIRE – An outdoor fire utilized for ceremonial purposes.
COOKING DEVICE – A noncombustible, listed device for cooking food or meat. A listed cooking device shall be fueled by either natural gas, liquefied petroleum gas (LP gas), or commercial charcoal or briquette.
OPEN BURNING – The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots, and similar devices associated with safety or occupational uses typically considered open flames. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimney necessary to provide combustion air and permit the escape of exhaust gas are open.
A. OPEN FIRES
It shall be unlawful for any person to kindle, build, maintain, authorize, use, allow or otherwise permit any bonfire or other open fire on any beach, street, road, land including property privately owned, or on public grounds within the jurisdiction of the Village of Bayville where such fire may endanger other property or creates an unreasonable risk of harm, air pollution, and is otherwise unhealthy and unsafe except as follows:
1. Outdoor picnic and barbeque fires on residential property in equipment with a total grate area not exceeding ten square feet and designated to use charcoal or equipped with gas burners;
2. Outdoor noncommercial picnic and barbeque fires in equipment provided by and located in Village parks where such fires are permitted by appropriate Village agencies;
3. Official fires used for the training of fire brigades or similar purposes by persons or corporations requiring such training, but only with the approval of the fire marshal;
4. Fires used for special effects for the purpose of television, motion picture, theatrical and for other entertainment productions, but only with the approval of the Board of Trustees.
B. ACCUMULATIONS OF COMBUSTIBLE MATERIALS
No person shall permit to remain upon any roof or courtyard, vacant lot or open space, any accumulation of waste paper, hay, grass, straw, weeds, litter, wood, or other combustible or flammable waste or rubbish whereby property is endangered.
1. Any person who shall violate, or refuse, or neglect to comply with any provision of this section, shall upon conviction thereof, be punished by a fine of not less than one thousand five hundred dollars ($1,500.00) nor more than two thousand five hundred dollars ($2,500.00), or by imprisonment not exceeding fifteen (15) days, or by both, for a second offense; and by a fine of not less than three thousand five hundred ($3,500.00) nor more than five thousand dollars ($5,000.00), or by imprisonment not exceeding fifteen (15) days, or by both, for a third or subsequent offense; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of five thousand dollars ($5,000.00), to be recovered in a civil action brought in the name of the Board of Trustees.
Information is obtained from sources deemed reliable. However, Village of Bayville is not responsible for accuracy of information obtained from third party sources of for typographical errors.