LL #03-2001Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
W
=A of__-___WAPPINGER
Town - ----- --- - - - - - - -
VtN1#K --
Local Law No_ ------------ #3 ---------- ------------ of the year 20-_001
Alocal law __A�OPTING_A NEW CHAPTER 127 TO THE CODE OF THE TOWN OF WAPPINGER,
Owen Titre) -----------------------------------------------------------------
__EXTITIED_"_PROHIBITION OF OPEN FIRES"
---------------------------------------------------------
Be it enacted by the -------------- TOWN -BOARD
-- - --- - - - -- -- --------------------
of the(YameofLegislativeBody)
MWMY
� ofown ----- WAPFINGER
- - -- - --------- - -- - - - - - - as follows:
Xl!}lP
TEXT COMMENCES ON NEXT PAGE
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DOS -239 (Rcv. i vw)
(1)
LOCAL LAW #3 OF THE YEAR 2001
TOWN OF WAPPINGER
A Local Law entitled "Adoption of New Chapter 127 to the Code of the Town of
Wappinger, entitled 'Prohibition of Open Fires'."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section l: IWa:
This Local Law shall be known and cited as Town of Wappinger Local Law No.
#3 of 2001, entitled "Adoption of New Chapter 127 to the Code of the Town of
Wappinger, entitled 'Prohibition of Open Fires"' and which shall create and add Chapter
127 to the Code of the Town of Wappinger. This Chapter shall provide for the prohibition
of open fires in the Town of Wappinger.
Section IF
The Town Board hereby adopts a new Chapter 127 to the Code of the Town of
Wappinger to read as follows:
"Chapter 127
Prohibition of Open -Fires
127.1 Legislative Intent, Purpose and Findings.
a. The Town Board recognizes that the open burning of
materials potentially poses a threat to life and property and that such
open burning can cause possible loss of life and damage to other
properties and their owners. It is the purpose of this Chapter to
ensure the safety, health and welfare of the residents and property in
the Town by prohibiting the open burning of all materials, except as
specifically permitted herein.
b. The purpose of this Local Law to prohibit outdoor open
fires and burning in the Town of Wappinger except as specifically
permitted in this Local Law. Environmental Conservation Law §9-
1105 and 6 NYCRR part 215 authorizes the Department of
Environmental Conservation (DEC) to authorize permits for
landowners to conduct prescribed burn activity and to conduct open
burning on the landowner's property. Recently, several permits have
been issued by the DEC for open burning within the Town of
Wappinger. In each of these instances, the permit holder did not
conduct the burn activities in accordance with the conditions outlined
in the permit, resulting in situations that imperiled the health and
safety of the residents of the Town of Wappinger.
C. Town Law §130 has specifically authorized a Town to
adopt ordinances and regulations that would control and prevent
fires. The Town Board notes that the Town of Wappinger has
approximately 26,000 residents, and is the third largest municipality
in population size in Dutchess County. While many residential areas
are served with central water, not all of these central water facilities
are equipped with fire -rated hydrants, capable for use by fire fighting
equipment. Further still, there are many residential neighborhoods
whose primary source of water is through private well systems. In
the event of an uncontrolled fire, containment of the fire would be
entirely dependent on the local volunteer fire company's equipment
to control, contain and extinguish the fire.
d. The Town Board finds that there is no public benefit to
permit open fires in the Town of Wappinger, and hereby determines
that the safety, health and general welfare of persons and properties
in the Town of Wappinger would be benefited by restricting open
"outdoor" burning of all materials. The prevention of outdoor open
burning will also have a great effect on the minimization of air
pollution, which could have a detrimental effect on the health and the
welfare of the residents of the Town as well as eliminating a potential
threat to life and property.
e. It is not the intent of the adoption of this Section of the
Code to prohibit the use of outdoor candles (citronella, etc.),
barbecue pits, fire pits, outdoor fireplaces, or wood, gas or charcoal
grills designed and used solely for the preparation of food. It is also
not the intent of this Local Law to prohibit open fires when used by
governmental or municipal authorities for the training of personnel in
firefighting techniques or the use of firefighting equipment.
127.2 Definitions and Word Usage. As used in this Chapter, the
following words shall have the meanings specified below:
Garba92- The animal and vegetable waste resulting from the
handling, preparation, cooking and serving of food.
Incin .rator- Any steel, cast-iron, masonry or wire receptacle with
solid or perforated sides, fronts and backs [any such perforations not
exceeding one (1) inch on a side or in diameter], equipped with a
spark arrestor or cover sufficient to prevent the escape of sparks or
embers, with no openings or perforations exceeding one (1) inch on
a side or in diameter and with any draft doors or other openings
protected with a one -inch -mesh wire screen or equivalent.
Open Fire/B urnina: Any outdoor fire or burning or outdoor smoke
producing process from which air contaminates are emitted directly
into the outdoor atmosphere, other than by a fire in stove, oven,
furnace or incinerator designed and constructed for the burning of
material. The term "Open Fire" shall not be deemed to include fires
in barbecue pits, outdoor candles (citronella, etc.), outdoor fireplaces
and wood, gas or charcoal grills designed and used for the purpose
of cooking food for human consumption, and shall not include the
use of a fire in a fireplace by recognized organizations such as Girl
Scouts or Boy Scouts or Fire Department, where such fireplace is
used under the constant supervision of responsible officials of such
organizations.
Protected Fir Any fire contained within a stove, furnace, incinerator
or device that fully contains such fire and is so designed and
constructed as to prevent spreading of the fire or the discharge of
burning particles or materials into the atmosphere. The term
"Protected Fire" shall not be deemed to include fires in barbecue pits,
outdoor candles (citronella, etc.), outdoor fireplaces and wood, gas
or charcoal grills designed and used for the purpose of cooking food
for human consumption, and shall not include the use of a fire in a
fireplace by recognized organizations such as Girl Scouts or Boy
Scouts or Fire Department, where such fireplace is used under the
constant supervision of responsible officials of such organizations.
Refuse, All waste material, including but not limited to, garbage,
rubbish, incinerator residue, street sweepings, dead animals and
offal.
Rubbish: 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; grease; slugs; oils and
other petroleum products; wood; sawdust; demolition materials; tires;
automobiles and other vehicles and parts, for junk, salvage or
disposal.
127.3 Open Fires Prohibited. It shall be unlawful for any person
to light, permit or maintain an open fire within the Town of Wappinger
for any purpose.
127.4 Protected Fires Prohibited.
a. It shall be unlawful to light, permit or maintain a protected
fire outside of any building with the Town of Wappinger for any
purpose.
b. It shall be unlawful to light, permit or maintain a protected
fire inside any building within the Town of Wappinger for the
purposes of burning garbage, refuse, or rubbish.
127.5 Permitted Fires. Notwithstanding the foregoing, the following
open fires shall be permitted in accordance with a Permit issued by
the Town of Wappinger Fire Inspector upon a written application:
a. A bon -fire or other open fire sponsored by a school or
other governmental entity or by private organizations such
as the Boy Scouts, Girl, Scouts, Little League, Fire
Companies, etc. in connection with programs and
activities conducted by such entities and organizations.
b. Open fires used in connection with farm land clearing or
other farm purposes.
127.6 Permit Applications. An application for such permit shall
include:
a. a statement why such burning should be permitted;
b. a map or sketch identifying the area where the burn
activities will be undertaken;
c. a description of the anticipated intensity and duration of
the burn activity with the type of fuel to be utilized;
d. a description of the logistics of the burning activity, the
number of personnel to be present, the fire management
equipment that will be available and/or deployed to ensure
that the burn is restricted to the area(s) prescribed for burn
management;
e. a description of fire suppression activities to be
immediately implemented should the prescribed burn
threaten to escape or actually escape beyond the
boundaries identified for such burn;
f. a description of the procedure for notifying appropriate
local fire officials and law enforcement personnel, the
actual date, time and estimated time for any prescribed
burn ;
g. a description of the procedure for notifying all adjacent
land owners prior to the undertaking of a prescribed burn;
and
h. a description of the procedures that will be undertaken to
ensure that prescribed burn will be fully extinguished at the
conclusion of the burn.
127.7 Permit Conditions. No permit issued under this Chapter
shall authorize:
a. an open fire unless it shall be constantly supervised and
contained until completely extinguished; and
b. any burn activity to be conducted within 200 feet of any
structure of within 200 feet of any property line.
127.8 Enforcement: Penalties. This Chapter shall be enforced by
the Town of Wappinger Fire Inspector and the Town of Wappinger
Zoning Administrator.
127.9 Penalties for Offenses.
a. A first violation of this chapter shall be an Offense,
punishable by a fine not exceeding $250 or imprisonment for a
period not to exceed 10 days, or both.
b. For a second offense within five years of the first
offense, there shall be a fine of not less than $350 and not more
than $700 or not exceeding six months' imprisonment, or both.
C. For a third or subsequent offense within a five—year
period, there shall be a fine of not less than $700 and not more than
$1,000 or not exceeding six months' imprisonment, or both.
d. For the purpose of conferring jurisdiction only upon
courts and judicial officers generally, violations of this chapter shall
be deemed misdemeanors, and for such purpose, all provisions of
law relating to misdemeanors shall apply to such violation. In
addition, thereto, the Town authorities shall have such other
remedies as are provided by law to restrain, correct or abate any
violation of this chapter."
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity or
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words or parts of this Local Law or their
application to other persons or circumstances. It is hereby declared to be the legislative
intent that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part
thereof is held inapplicable, had been specifically exempt therefrom.
Pursuant to Municipal Home Rule Law Section 22, the provisions of this law are
intended to supersede any inconsistent provision of State or Local Law, (including but not
limited to Environmental Conservation Law Section 9-1105), or any rules and regulations
promulgated pursuant thereto, the provisions of the Code of the Town of Wappinger or
any other Local Law which are inconsistent herewith.
This Local Law shall take effect immediately upon adoption and filing as provided
by the Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
Z. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No._______(�3_________________________ of 20_ QJ _
of the (tBBOAMbQi Town
TOWWNN BOA ( )(�� of------[dAPP.INGER-------------------------------------------- was duly passed b the
----------------------------------------------- on _ARIL _ 9----- 01 Y P y
(NameofcegislativeBodv�- ..0-- -, m accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20--____
of the (County)(City)(Town)(Village) of ________________ _______ ___ _ __ _ ____ _ _ _ __ __ _ ___
----------------------------------------------- on ----------------- - - - was duly passed by the
(Name of Lzgislative Bodvl
.0 ___ , and was (approved)(not approved)(repassed after
disapproval) by the __________________________________________________
(Elective Chief E.recutive Officer -)and was deemed duly adopted on __________________ 20____
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. -----------------------------------
of the (CountY)(City)(Town)(Village) of ------------------------------------------- - ------------- de b - -
____________ - - - - was duly passed by the
--------------------- 20--__ , and was (approved)(not approved)(repassed after
on - -
(h'amz oJLzgislative Badv)
disapproval) by the ______________________ _0____ . Such local law was submitted
(Elective ChieJErecutive Officer')
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on __________________ 20.___ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No_ ___________________________________ of 20______
of the (County)(City)(Town)(Village) of ________________________________ _ __ _
- - --------------------------- was duly passed by the
-------""---------------------------------------- on------------------ 20____ , and was (approved)(not approved)(repassed after
(Same of Legislative Bodv)
disapproval) by the -------------------
-------------------------------------------------- on __________________ 20 _-- •Such local law was subject to
I£lzcri.z Chir/£.recuriva Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20.___ , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. -__(t3-----------------------------
of the (iXrl,`( )(� g of 20_ Q)ti.
TOWN BOARD Town of------WAPPINGER-------------------------------------------- was duly passed by the
t.Vame aJLegulative
"""'-'-------Bodv) ------------------------------ on--April--9---- 20 -01, in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20-_.___
of the (County)(City)(Town)(ViIla ge) of ________________ _______ ___ _ __ _ _ __ __ __ __ __________ __
- - - - - - - - - - was duly passed by the
----------------------------------------------- on------------------ 10 ___ , and was (approved)(not approved) (repa sse d after
—
(.Vame of Lequlative BadV)
disapproval) by the ______________________ and was deemed duly adopted on �0_
----------------------------
(Elective ChiefEsecutiveOff�crry------------------ —
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ______________________________
of the (County)(City)(Town)(Village) of ______________________ of 20 ------
- - - - - - - -was duty passed by the
--------------------------------------------------- on ------------------
20---- , and was (approved)(not a pp roved)(repassed after
(Same of Lepsisrice Bodv)
disapproval) by the ___________________________ on ------------------- 20 . Such local lav was submitted
----------------------
/Elective Chief Erecuriee Officer-
to the people by reason of a (mandatorv)(permissive) referendum. and received the affirmative vote of a majority of
the qualified electors voting thereon at the (geneml)(special)(annual) election held on __________________ 2Q___ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law tio.___________________________________ of 20__._._
of the (County)(City)(Town)(Village) of ________________ --._______________.__.______._.___.______________ was duly passed by the
- Same ---" u" (L"-egir"larivr Budvt ------ 20____ , and was (approved)(not approved)(repassed after
I
disapproval) by the__________________________________________________
i Electit e Chief £securive Officer• i on __________ 20 ___ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2Q___ , in
accordant;, with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
S. (City local law concerning Charter revision proposed by petition.)
I, hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding.local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, andwas >na ly-)adopted in the manner in-
dicated in paragraph ------1-----, above. / /� u 11411
Clerk of the County legislative body ity o"o illage Clerk
or officer designated by local legis rive y
GLORIA MO SE, o C erk
�7
(Seal) Date: 2001
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF D tt hec
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the 1
Albert P. Roberts, Attorney to Town
Title
Jctc� of Wappinger
Town
ymaw
Date: r `
(3)