TITLE 3, CHAPTER 2

Fire Prevention and Safety Codes

(a) Open Burning Prohibited. No person, firm or corporation shall build any outdoor fire within the limits of the Town of Westport except as set forth in Subsection (b) of this Section.  In order to protect the public health and safety, existing burning barrels and incinerators shall comply with the provisions of this Section within thirty (30) days of its effective date.

(b) Exceptions.

(1) Outdoor cooking over a fire contained in a device or structure designed for such use is permissible.

(2) Controlled burning of grass or similar vegetation for environmental management purposes, with the prior notification of the appropriate Fire Chief, is permitted.

(3) Ceremonial campfires or bonfires, with prior notification of the appropriate Fire Chief, are permitted.

(4) Controlled burning of dry leaves and other non-offensive dry yard debris, with prior notification of the appropriate Fire Chief, provided, however, that such burning is:

a. Monitored by a responsible person until the fire has extinguished itself completely.

b. Conducted on days when excessive wind or atmospheric conditions will not result in danger to public health or safety.

c. Located outside of any street, road or highway right-of-way, easements or areas dedicated for such purposes.

d. Located at least thirty (30) feet from any neighboring residence.

e. Not used for covert incineration of offensive substances or materials.

(5) Incinerators or refuse burning barrels with a wire mesh cover and air openings no larger than one-half (½) inch. Only clean, untreated and unpainted wood, paper and cardboard generated by the property owner may be burned in an incinerator or burning barrel; the burning of wet rubbish, oily substances, asphalt, plastic and rubber products or household garbage is prohibited. Burning barrels and incinerators shall be located a minimum of five (5) feet from property lines and at least thirty (30) feet from any neighboring residence, and be placed in rear or side yard areas only.

(6) Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal of which other methods are available, may be granted single occasion approval by the appropriate Fire Chief.

(7) Whenever approval and special permit are granted by the appropriate Fire Chief under Subsection (b)(6) of this Section. The permit may specify and be conditioned on observance of safety restrictions and insurance requirements set forth therein.

(c) Chief May Prohibit. The appropriate Fire Chief is permitted to prohibit any or all bonfires and outdoor rubbish fires only when atmospheric conditions or local circumstances make such fires hazardous.

(d) Burning in Right-of-Way. No materials may be burned within any street, road or highway right-of-way, easements or areas dedicated for such purposes.

(e) Liability. Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by his fire.

(f) Loss of Privileges. Any person, firm or corporation that violates any provision of Sections 3-2-7(a) - (e) shall forfeit their burning privileges under this Section until they appear before the Town Board to explain the circumstances of their violation. At that time, the Town Board may restore such privileges, or continue the suspension with or without conditions. Such matters shall be placed on the Board agenda at least five (5) working days prior to the regularly scheduled meeting date.