§ 239-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE -- Includes animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
OPEN FIRE Any outdoor fire or outdoor smoke producing process from which air
contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in
barrels or modified barrels. Open fires do not include burning in outdoor furnaces or boilers that
are used to heat buildings when the devices are actually used for such purpose and installed and
used pursuant to § 525-106 of this Chapter.
PERSON -- Includes an individual, society, club, firm, partnership, corporation or association of
persons, and the singular shall include the plural.
RUBBISH -- Includes solid or liquid waste material, including but not limited to rags, trees or
leaves, needles, and branches therefrom, vines, lawn and garden debris, furniture, cans, crockery,
plastics, chemicals, paint, grease, sludges, oils and other petroleum products, wood, sawdust,
demolition materials, tires, and automobiles and other vehicle parts for junk, salvage or disposal.
Rubbish shall not include garbage, incinerator residue, street sweepings, dead animals or offal.
CAMP FIRE A camp fire or any other outdoor open fire less than three feet in height, and less
than four feet in length and width or diameter, using only untreated wood or charcoal as fuel.
§ 239-2. Prohibited acts.
A. No persons shall burn, cause, suffer, allow or permit the burning of rubbish or any other
materials as herein defined in an open fire in the Town of Southport, County of Chemung, New
(1) The use of barbecue grills and similar outdoor cooking devices, when fired by
natural gas, liquid petroleum gas, or charcoal, when actually used for cooking or
(2) Small fires that are used to dispose of a flag or religious item, and small fires or
other smoke producing process where not otherwise prohibited by law that are
used in connection with a religious ceremony.
(3) Burning on an emergency basis of explosive or other dangerous or contraband
materials by police or other public safety organization.
(4) Open fires authorized by Sections 239-2(B) and 239-2(C)
(5) A camp fire as defined by § 239-1, which is under adult supervision at all times
until extinguished, and is placed at least 20 feet from all structures and all real
property boundary lines.
B. Ceremonial or celebratory bonfires where not otherwise prohibited by law are allowed,
(1) A permit application, which describes the location and nature of the fire, and
describes the life and property safety measures that will be used, is filed with the
Code Enforcement Officer not less than 14 calendar days prior to the proposed
fire, and that
(2) A permit is issued by the Code Enforcement Officer prior to or on the date of the
fire, and that
(3) Only untreated wood or other agricultural products are used as fuel and the fire is
not left unattended until extinguished.
C. The owner or occupant of any real property located in those areas of the Town of Southport
zoned agricultural (AR) by Chapter 525, Zoning, of the Code of the Town of Southport shall be
allowed to burn the following in an open fire where not otherwise restricted by law:
(1) On-site burning of agricultural wastes as part of a valid agricultural operation on
contiguous agricultural lands larger than five acres actively devoted to agricultural
or horticultural use, provided such waste is actually grown or generated on those
lands and such waste is capable of being fully burned within a 24-hour period.
(2) The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.
(3) On-site burning of downed limbs and branches (including branches with attached
leaves or needles) less than six inches in diameter and eight feet in length between
May 15th and the following March 15th.
(4) Fire training, including firefighting, fire rescue, and fire/arson investigation
training, performed under applicable rules and guidelines of the New York State
Department of State's Office of Fire Prevention and Control. For fire training
performed on acquired structures, the structures 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 vinyl 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.
(5) Maple sugar arches and similar outdoor food processing devices when actually
used for processing food.
§ 239-3. Emissions.
No person shall cause or allow emissions from any allowed outdoor open fire of smoke or air
contaminates of such quantity, characteristic or duration which are injurious to human life or
which unreasonably interfere with the comfortable enjoyment of life.
Town of Southport, New York