Town of Otsego

A local law pertaining to the prohibiting of open burning of garbage, trash,
rubbish, and debris.

Be it enacted by the Town Board of the Town of Otsego as follows:

Section 1. Purpose: The purpose of this law is to protect the health,
safety, and welfare of the residents of the town and the environment by
prohibiting the burning of garbage and rubbish in any burn barrels, open
pits, outdoor or indoor fireplaces, incinerators, woodstoves, or in any
other mechanism for burning garbage and rubbish.

This law is intended to go along with the fact that many materials are
recyclable at no charge or compostable and the transfer station is within 10
miles of all residents.

This law is not intended to prohibit the legitimate use of indoor or
outdoor fireplaces, woodstoves, furnaces, barbecue pits, or grills, nor to
prohibit any burning for which a permit is obtained by the Department of
Environmental Conservation or any other proper issuing authority. The
burning of brush is not prohibited but the practice of composting or natural
decay is encouraged.

Section 2. Authority: This local law is enacted pursuant to the
provisions of the Municipal Home Rule of the State of New York.

Section 3. Title: The title of this law shall be ³Law Banning
Open Burning of Garbage and Rubbish in the Town of Otsego.²

Section 4. Definitions:
1. Garbage : The animal and vegetable waste resulting from the
handling, preparation, cooking, and serving of food.

2. Rubbish : Solid or liquid waste materials, including but not
limited to rags, furniture, cartons, chemicals, paint, grease, sludges,
oils, any petroleum products other than legitimate home heating and cooking
products, construction materials including but not limited to sheet rock,
chip board, asphalt or fiberglass shingles, or pressure treated lumber,
automobile parts, tires, dead animals or animal parts, metal goods including
but not limited to refrigerators, stoves and like appliances, diapers,
(yard) grass clippings, paper and paper products, packaging materials,
styrofoam, mattresses, cigarette filters, glass, plastic of any kind and

3. Zoning Enforcement Officer : The Zoning Enforcement Officer of the
Town of Otsego or such other person appointed by the Town Board to enforce
the provision of law or code of the Town of Otsego, including this law.

Section 5. Prohibited Activities: It shall be unlawful for any
person to burn garbage or rubbish in any burn barrels, open pits, outdoor or
indoor fireplaces, incinerators, woodstoves, or in any other mechanism for
burning garbage or rubbish.

Section 6. Procedures: Upon observing or receiving a complaint
with respect to a violation of this law, the Zoning Enforcement Officer
shall respond to the source of the complaint. If the Zoning Enforcement
Officer finds probable cause to believe there has been a violation of this
law, he or she shall issue a citation to the offending person or persons
ordering the person or persons to respond to the charge in the Justice Court
for the Town of Otsego not more than 30 days after the issuance of the
citation. The original citation should be filed with the Justice Court for
the Town of Otsego.

Section 7. Penalties: The penalty to be imposed for
violation of this law shall be a fine of:
First Offense: Education consisting of DEC flyer and other materials.
Second Offense: Up to one hundred dollar ($100) fine. Offender will
receive three, $3 dollar coupons for trash disposal at any Otsego County
transfer stations.
Third Offense: Up to two hundred and fifty dollar ($250) fine.

Section 8. Separability: Each separate provision of this local
law shall be deemed independent of all other provisions herein, and if any
provision shall be deemed or declared invalid, all other provisions hereof
shall remain valid and enforceable.

Section 9. Repealer: This local law shall supersede all
prior local law ordinances, rules and regulations relative to the open
burning of garbage or rubbish within the Town of Otsego, and they shall be
upon the effectiveness of this local law, null and void.

Section 10. Effective Date: This local law shall be effective
July 1, 2006.