LL 01 Amend Chapter161 "Burning Outdoor" STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M.CUOMO 99 WASHINGTON AVENUE , RUTH NOEMI COLON
GOVERNOR ALBANY, NY 12231-0001 AdnNG SECRETARY OF STATE
March 4, 2011
Darleen M Dougher
Town Clerk
742 Bay Road
Queensbury NY 12804-5962
RE: Town of Queensbury, Local Law 1 & 2 2011, filed on March 4, 2011
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from out website, www.dos.state.ny.us.
Sincerely,
State Records and Law Bureau
(518) 474-2755
WWW.DOS.STATEMY.US E-MAIL:INFOOD08.8TATEMY.US
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LOCAL LAWS&ORDINANCES\Chapter 61 —Burning,Outdoor—Revisions—February 2011
TOWN OF QUEENSBURY
LOCAL LAW NO.: OF 2011
A LOCAL LAW TO AMEND CHAPTER 61 OF QUEENSBURY TOWN
CODE ENTITLED, "BURNING, OUTDOORS"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 61 entitled, "Burning, Outdoor," §61-1,
"Legislative intent"is hereby amended as follows:
§ 61-1. Legislative intent.
A. Effective October 14, 2009, NYS DEC ruling prohibits burning of household
trash statewide in all cases.
B. The open burning of garbage on the surface of the ground, in pits or in trash
burners or barrels creates offensive smoke and odors and results in a residue of
unburned garbage which decays and causes offensive odors and attracts flies,
rodents and vermin, and is a menace to public health and should be prohibited.
C.
ef hafm fir-em bFush and forest fifes, eauses air- pollution and is geiier-ally
„he lthy and , afe pfaetiee ,.,t ieh should be r,- hibite . The open burning of
household trash releases dangerous compounds including arsenic, carbon
monoxide, benzene, styrene,formaldehyde, lead hydrogen cyanide and dioxin,
Language in bold italics is new language to be added;
Language., ith line drawn *,..,,ugh 4 is old language to be deleted
combustible material. Conditions which could cause afire to spread within 25'
of a structure shall be eliminated prior to ignition.
D. Exemption. The Town of n eensb,,,�e Companies—an�'�effiberss—a-e
exempt from the above laws for training putposes. Aequifed stnietur-es N4ish af-e
to be used fer b must have the materials,lt
asphalt
1 siding and/er- an), asbestos materials Fe eved pfier to an),bufnifig-ef4he
tniet The Town of Queensbury Fire Companies and its members may
perform live burn exercises if such training follows the applicable rifles and
guidelines of the NYS Department of State's Office of Fire Prevention and
Control. For training on acquired structures, the structure must be emptied
and stripped of any material that is toxic, hazardous or likely to emit toxic
smoke (such as asbestos, asphalt shingles and vinyl siding or other products)
prior to burning and must be at least 300 feet from other occupied structures.
No more than one structure per lot or within a 300 foot radius (whichever is
bigger) may be burned in a training exercise.
SECTION 3. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and all
other provisions shall remain in full force and effect.
SECTION 4. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided by Municipal Home Rule Law §27.
Language in bold italics is new language to be added;
Language with line dr-a . through 4 is old language to be deleted
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4.5
LOCAL LAWS&ORDINANCES\SET PUBLIC HEARING\Chapter 61—Outdoor Burning—2-7-11
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: OF 2011 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 61 ENTITLED, "BURNING, OUTDOOR"
RESOLUTION NO.: -1 .2011
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY: c In
WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law to
amend Town Code Chapter 61 entitled, 'Burning, Outdoor" to provide that the Town of
Queensbury's regulations will be more uniform with regulations issued by the New York State
Department of Environmental Conservation in October of 2009, and
WHEREAS, such legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and New York State Town Law Article 16,and
WHEREAS,before the Town Board may act on the proposed Local Law, it must conduct a
public hearing,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, February 28`h,
2011 to consider the proposed Local Law presented at this meeting, hear all interested persons and
take such action required or authorized by law, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning the proposed Local Law in the manner
provided by law.
Duly adopted this 7 h day of February, 2011,by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS&ORDINANCES\Chapter 61—Burning,Outdoor—Revisions—February 2011
TOWN OF QUEENSBURY
LOCAL LAW NO.: OF 2011
A LOCAL LAW TO AMEND CHAPTER 61 OF QUEENSBURY TOWN
CODE ENTITLED, "BURNING, OUTDOORS"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 61 entitled, "Burning, Outdoor," §61-1,
"Legislative intent"is hereby amended as follows:
§ 61-1. Legislative intent.
A. Effective October 14, 2009, NYS DEC ruling prohibits burning of household
trash statewide in all cases
B. The open burning of garbage on the surface of the ground, in pits or in trash
burners or barrels creates offensive smoke and odors and results in a residue of
unburned garbage which decays and causes offensive odors and attracts flies,
rodents and vermin, and is a menace to public health and should be prohibited.
C. The uiffestrieted bwrfing in an open fife of fut,bish e eater she, o ..able risks
unhealthy and unsafe pr-aefiee whieh should be The open burning of
household trash releases dangerous compounds including arsenic, carbon
monoxide, benzene, styrene,formaldehyde, lead hydrogen cyanide and dioxin,
Language in bold italics is new language to be added;
Language th line d .,..., difeug -it is old language to be deleted
among others Open burning is also the single greatest cause of wildfires in
New York
SECTION 2. Queensbury Town Code Chapter 61 entitled, "Burning, Outdoor," §61-3,
"Burning of garbage,rubbish and/or brush"is hereby amended as follows:
§ 61-3. Burning of garbage, rubbish and/or brush.
A. No person shall burn, cause to be burned or permit to be burned in the Town of
Queensbury any garbage and/or rubbish by open fire on the ground or in trash
burners or barrels or in pits. Trash burners or barrels or pits are prohibited on any
lands within the Town of Queensbury. Garbage shall be disposed of in the Town
of Queensbury by depositing it at an authorized solid waste management facility.
B. Open fires used exclusively for the purpose of preparing food will be permitted,
provided that the fire is properly contained, appropriately sized and temporary in
nature. Barbecue grills, maple sugar arches and similar outdoor cooking
devices, using only propane, charcoal or untreated wood shall be permitted
C. BuFpAng of bmsh shall only be allowed after-a buming peffnit is obtained from the
Town of Queeasbufy Fire Marshal's effiee and issued in aeeef;danee with th
fires are pefinitted without a b i _ j it as long as they afe eentained within
an enelesure &A will limit the size of the fire to thfee fiaet in diameter- and no
er-e than*tree feet in height. Allowed outdoor burns complying with this Local
law and NYS Codes must be properly contained, and the fire shall be limited to
3' in height, and less than 4' in length, width and diameter. All fires must be
constantly attended until extinguished and an appropriate extinguishing media
shall be provided In addition §307.4.2 of the NYS Fire Code requires that
recreational fires shall not be conducted within 25' of a structure or
Language in bold italics is new language to be added;
Language• ith l;..o drawn d3fough it is old language to be deleted
combustible material. Conditions which could cause afire to spread within 25'
of a structure shall be eliminated prior to ignition.
D.
to be used for- tfaining nwst have the asphalt er- plastie feefing fnater-Ws, asphalt
stfuetar-e. The Town of Queensbury Fire Companies and its members may
perform live burn exercises if such training follows the applicable rules and
guidelines of the NYS Department of State's Office of Fire Prevention and
Control For training on acquired structures, the structure must be emptied
and stripped of any material that is toxic, hazardous or likely to emit toxic
smoke (such as asbestos, asphalt shingles and vinyl siding or other products)
prior to burning and must be at least 300 feet from other occupied structures
No more than one structure per lot or within a 300 foot radius (whichever is
bigger) may be burned in a training exercise.
SECTION 3. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and all
other provisions shall remain in full force and effect.
SECTION 4. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided by Municipal Home Rule Law §27.
Language in bold italics is new language to be added;
Language with line dmw-a 4...,,,,g it is old language to be deleted
Chapter 61—Outdoor Burning—2-28-11
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH A RESOLUTION DULY
ADOPTED BY THE QUEENSBURY TOWN BOARD ON MONDAY, FEBRUARY 7TH, 2011
THAT A PUBLIC HEARING WILL BE HELD ON MONDAY, FEBRUARY 28TH, 2011 AT
7:00 P.M. IN THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY
AT WHICH HEARING ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY
TO BE HEARD CONCERNING ADOPTION OF PROPOSED LOCAL LAW NO.: 2 OF 2011
TO AMEND QUEENSBURY TOWN CODE CHAPTER 61 "OUTDOOR BURNING," TO
PROVIDE THAT THE TOWN OF QUEENSBURY'S REGULATIONS WILL BE MORE
UNIFORM WITH REGULATIONS ISSUED BY THE NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION IN OCTOBER OF 2009.
THIS LEGISLATION IS AUTHORIZED BY NEW YORK STATE MUNICIPAL HOME
RULE LAW §10 AND TOWN LAW ARTICLE 16.
TO OBTAIN FURTHER INFORMATION OR COPIES OF THE PROPOSED LOCAL
LAW,PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD,
QUEENSBURY(518) 761-8234 DURING NORMAL BUSINESS HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: FEBRUARY ,2011
DARLEEN M.DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH A RESOLUTION DULY
ADOPTED BY THE QUEENSBURY TOWN BOARD ON MONDAY, FEBRUARY 7TH, 2011
THAT A PUBLIC HEARING WILL BE HELD ON MONDAY, FEBRUARY 28TH, 2011 AT
7:00 P.M. IN THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY
AT WHICH HEARING ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY
TO BE HEARD CONCERNING ADOPTION OF PROPOSED LOCAL LAW NO.: 2 OF 2011
TO AMEND QUEENSBURY TOWN CODE CHAPTER 61 "OUTDOOR BURNING," TO
PROVIDE THAT THE TOWN OF QUEENSBURY'S REGULATIONS WILL BE MORE
UNIFORM WITH REGULATIONS ISSUED BY THE NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION IN OCTOBER OF 2009.
THIS LEGISLATION IS AUTHORIZED BY NEW YORK STATE MUNICIPAL HOME
RULE LAW §10 AND TOWN LAW ARTICLE 16.
TO OBTAIN FURTHER INFORMATION OR COPIES OF THE PROPOSED LOCAL
LAW, PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD,
QUEENSBURY(518) 761-8234 DURING NORMAL BUSINESS HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: FEBRUARY 11,2011
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY
resat u�
CLASS1
02/08/2011 13:46 5187985738 taxed ny gwlas 02/08/2011 12:41
111. U4 d/l..ull at 12:47 by gw�.as Last changed by gwids 02/08/2.011 12:47
(17 8) 761 -6234 Acctu 10997 Given by ROSE MELLON
Owry Ol QCIfFNSBURY Start 02/11/2011 Stop 02/11/2011
13AY HJ) - ACCTS. PAY. Transient Bill Expir.
Ink '145--4474 Class 001 LEGAL NOTICES
QUE!,,NSIBU.RY, NY 3.2604 index: NOTICE OF' PUBLIC HEARING NOTICE IS
Slib.cr? N Cols 1 Lines 52 Inches 4.69 Words 179 Box? N
Mdi ' 1nf-0: Type Mail Sched Copies Sunday Comment
Tear L L 1 N NOTICE OF PUBLIC HEARING
Affid L L 1 Chapter 61 Outdoor Burning
"bil Code Rate Base-charge Addl-Charge Total-Cost Ins Start Stop SM'11WTFS
AF'F 15,00
LYGAL 28-60 15,00 43.60 1 02/11/2011 02/11/2011 0000010
TOTAL All COST 4i.60
TENTATIVE "*'* TENTATIVE **`** TENTATIVE **•'* TENTATIVE *''** TENTATIVE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN IN
ACCORDANCE WITH A
RESOLUTION DULY ADOPTED
BY THE QUEENSBURY TOWN
BOARD ON MONDAY,FEBRUARY
7TH,2011 THAT A PUBLIC
HEARING WILL BE HELD ON
MONDAY, FEBRUARY 28TH,
2011 AT 7:00 P,M. IN THE
QUEENSBURY ACTIVITIES
CENTER,742 BAY ROAD, l i
QUEENSBURY AT WHICH
HEARING ALL INTERESTED
PARTIES SHALL HAVE AN
CPPORTTY TO BE HEAR
ONCERNING ADOPTION OF T
PROPOSED LOCAL LAW NO.:2
OF 2011 TO AMEND
QUEENSBURY TOWN CODE
CHAPTER 61 "OUTDOOR
BURNING,"TO PROVIDE THAT
THE TOWN OF QUEENSBURY'S
REGULATIONS WILL BE MORE
UNIFORM ONS
ISSUED BYJTHE NEW YITH ORK
STATE DEPARTMENT OF
ENVIRONMENTAL
CONSERVATION IN OCTOBER
OF 2009.
THIS LEGISLATION IS
AUTHORIZED BY NEW YORK
STATE MUNICIPAL HOME RULE
AR7 §10CLE AND TOWN LAW
16.
TO OBTAIN FURTHER
INFORMATION OR COPIES OF
THE PROPOSED LOCAL LAW,
PLEASE CONTACT THE
QUEENSBURY TOWN CLERK'S
OFFICE 742 BAY ROAD,
761-8234
DUR EN BURY
NORMAL 58BUSINESS
HOURS.
BY ORDER OF THE QUEENSBURY
TOWN BOARD.
PUBLICATION DATE: FEBRUARY
11,2011
DARLEEN M.DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY
PUB:FEBRUARY 11,2011
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GENERAL 72 Hinchey Road
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p:800/836-8834 fax:585/328-8189
email:sales@generalcode.com
03/07/2011 #270663
w
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
LL No. 1-2011 to LL No. 2-2011
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
1, 111„1111„1,11„tit,%1I1A1111„ I III 1111,1,1111111111111