On Thursday, June 11, 2015, the Village Board adopted and will be using the Niagara County Sanitary Health Code Chapter 12 in regards to open burning:
Chapter XII: 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 air contaminants are emitted directly into the outdoor air.
(c) “Solid Waste” shall have the meaning ascribed to it in Chapter XIII of the Niagara County Health District Sanitary Code.
(d) “Rubbish” shall mean solid or liquid waste material including but not limited to paper and paper products; rags; trees, leaves, needles, or branches therefrom; vines; lawn and garden debris; furniture; cans; crockery; plastics; cartons; chemicals; paint; greases; sludges; oils and other petroleum products; wood; saw dust; demolition materials; tires; automobiles and other vehicles and parts, for junk, salvage, or disposal. Rubbish shall not include garbage.
(e) “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 (FILED – NYSDOH: July 19, 2001)
Shall be amended as follows:
Except as otherwise permitted by this chapter and/or the New York State Department of Environmental Conservation, no person shall burn, cause, suffer, allow or permit the burning in an open fire:
(a) of garbage;
(b) of rubbish or solid waste, whether at a solid waste disposal area or otherwise;
(c) for on-site disposal, of rubbish generated by industrial commercial, or agricultural activities;
(d) for on-site disposal, of rubbish generated by residential activities in any city, town, or village;
(e) for on-site disposal, of rubbish generated by activities at any facility governed by the Niagara County Sanitary
(f) of rubbish generated by land clearing or demolition for the erection of any structure; or the construction or modification of any highway; railroad, power, utility, or communication line or conveyance; or for the development or modification of a recreational area, park, or public or private area;
(g) of refuse in any area during the period for which forecasts, alert 1, alert 2, or emergency stages of an air pollution episode have been declared.
SECTION 3. Permissable Burnings (FILED – NYSDOH: July 19, 2001)
When not prohibited by other local laws, ordinances or regulations, or other officials having jurisdiction, the following types of open burning are permissible:
(a) Fires in outdoor grills and outdoor fireplaces for the purpose of preparing food.
(b) Campfires and fires used solely for recreational purposes and when a public health nuisance is not created. The burning of leaves, tree branches, lawn and garden debris, garbage, solid waste, rubbish, and rubbish generated by residential activities shall not be considered recreational burning. Local fire marshals and fire chiefs shall be consulted for information on local laws and/or other restrictions. Campfires shall be self-contained and limited to four (4) logs of dry wood, not to exceed 18 inches in length and 6 inches in diameter.
(c) Burning of tree trimmings, insect-infested or diseased vegetation, material cultivated from created wetlands, animal or vegetable wastes or land clearing materials consisting of trees, tree trimmings, leaves or brush from on-premise agriculture operations when burning is controlled and a public health nuisance is not created. Local fire marshals and fire chiefs shall be consulted for information on local law and/or other restrictions.
(d) Open burning of highly explosive or dangerous materials in remote areas for which there is no other practical method of disposal, when a public health nuisance is not created and when conducted by police and fire officials for the purpose of the protection of public safety.
(e) Burning of solid or liquid fuels or structures when conducted under the direct control and supervision of qualified instructors and when done for the instruction and training of firefighters.
(f) Properly operated industrial flares for combustible gases.
(g) Open burning under unusual circumstances and when no alternate procedure is considered practical after written approval by the Public Health Director.
The Documents on this page are for reference only, please contact the village office for official copies.Village of Youngstown Code Book
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