LOCAL LAW NO. OF THE YEAR 2017
AMENDING CHAPTER 57 “BURNING, OPEN” OF THE
POQUOTT VILLAGE CODE
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE INCORPORATED
VILLAGE OF POQUOTT AS FOLLOWS:
Section 1.0 Enactment, Effective Date,
1.1 Title of Local Law
1.2 Enactment.
1.3 Effective Date.
1.4 Purpose and Intent of Local Law.
2.0 General Provisions
2.1 Change title of Chapter 57 to Open Burning and Recreational Fires
2.2. Amendment to Sections 57.1 and 57.2
3.0 Severability
1.1 Title.
This Local Law shall be entitled “Local Law of 2017 Amending Chapter
57 of the Poquott Village Code.
1.2. Enactment.
Pursuant to Section 10 of the Home Rule Law and the Village Law of the
State of New York, the Incorporated Village of Poquott, County of Suffolk and
State of New York, hereby enacts by this Local Law of 2017, a Local Law of the
Village of Poquott.
1.3. Effective Date.
This Local Law shall take effect on the filing of the approved Local Law with
the Secretary of State of New York, which shall be within twenty (20) days after its
approval by the Board of Trustees of the Incorporated Village of Poquott.
1.4 Purpose and Intent of Local Law.
A. The purpose and intent of this local law is to amend Section 57.1 of
the Poquott Village Code to clarify the requirements for the use of fire pits,
chimineas, and like appliances, as well as providing information regarding “open
burning and bonfires.”
2.0 General Provisions.
2.1 Chapter 57 of the Poquott Village Code shall be hereinafter
titled;
Chapter 57; Open Burning and Recreational Fires
2.2 Amendment to Chapter 57 of the Poquott Village Code.
Sections 57.1 and 57.2 of the Poquott Village Code are hereby amended
to read as follows, and the current Section 57.2 is hereby renumbered as Section
57.3:
“57-1 Definitions:
Bonfire: A large outdoor fire utilized for ceremonial purposes i.e.
organizational, school, religious events
Campfire: see recreational fire
Open burning: The burning of debris for the purpose of ridding a property
of rubbish, garbage, or excess landscaping debris, including leaves, grass,
branches, and the like.
Recreational fire: A small outdoor fire of burning materials other than
rubbish for the purpose of pleasure, cooking, warmth, or similar purposes.
57-2 Open burning prohibited; exceptions.
No person shall build or cause to be built, or ignite or cause to be ignited,
any fire, including bonfires, on the streets, parks, beaches, lots, yards, or public
places within the Village of Poquott. Exceptions for small recreational fires
(campfires) are allowable with conditions as follows.
Most frequently residents of the village are interested in having an
outdoor fire for enjoyment by family and friends. This is known as a recreational
fire. The Village respects this interest but is also obligated to enforce the Fire
Code of New York State, which requires the following when maintaining a
recreational fire:
1. A fire shall not be conducted within 25 feet of any structure or
combustible material. Conditions which could cause a fire to spread to within 25
of any structure shall be eliminated prior to ignition. Examples of structures:
decks, sheds, houses
Examples of combustible materials: fallen leaves, mulch, stored firewood
2. The fuel area shall be contained and be 3 feet or less in diameter and
2 feet or less in height. Fire area must be non-combustible, including bottom, and
have either a chimney or a screen cover.
3. Fire shall be continuously attended until the fire is completely
extinguished.
4. A method of immediate extinguishment of the fire, such as a garden
hose (charged with water), fire extinguisher, water barrel with bucket, etc., shall
be ready at all times.
Other items to consider:
Fuel: Firewood is most commonly used for recreational fires. Charcoal and
propane-fueled recreational fires are also allowed. However, treated or painted
wood is not to be used. Wet firewood or large logs tend to increase smoke (see
below). Small, dry firewood produces less smoke and a more enjoyable campfire.
Wind: At times of high winds such as on “breezy days,” unintentional
spread of fire can easily occur. Residents should refrain from igniting a
recreational fire during these conditions.
Neighbors: Residents should maintain an awareness of smoke and noise
conditions and be considerate of neighbors. Smoke from any fire will travel
horizontally and can enter neighbors’ homes through open windows or into their
yard, where they, too, may be enjoying their time outside.
Code Enforcement will respond to complaints regarding smoke and/or
noise conditions and may request that recreational fires be extinguished. Failure to
comply may result in a summons.
In addition, local weather conditions such as prolonged dryness may
prompt the County, Town, or Setauket fire marshal to prohibit any type of fire
including “recreational fires.”