PD and FD Fail to Enforce Herkimer Fire Law

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6 hour+ Bonfire 326 Pleasant Ave

Last night (8/21/17) both the Herkimer police and fire departments failed to adequately enforce the Herkimer ordinance regarding open fires. The long-term scofflaws residing at Jay Smith’s 326 Pleasant Avenue enjoyed a large open campfire from 8 PM until 2:00 AM. Both Herkimer FD and police responded promptly, a total of three times. One police officer saw to the fire’s being extinguished. The FD, though, gave the lads a pass. When I called the FD later to ask why, I was told that the large open campfire was a small cook fire. Had it been for cooking, it would have cooked an entire deer very well.

Herkimer Polluters Continue Sprees Unimpeded

The tenants at 326 Pleasant Ave have a history known to the Herkimer FD of burning formaldehyde contaminated shipping pallets; thus causing harmful pollutants to endanger those nearby. Indeed, one of these miscreants asked just this morning “Did you like the gas?” Was he talking about the recent poison gas attacks on us which originated his backyard?

Unchecked Irresponsible Behavior Ends Badly

Perhaps we should all join in this dangerous and destructive activity? Then the entire village might burn down and no one will complain about fires anymore.

Herkimer Fire Law – Read It Yourself

The ignored Herkimer fire law ordinance is below, courtesy of Herkimer Fire Chief John Spanfelner:

Herkimer Village Local Law No. 3 of 2003, Section 2, defines prohibited burning in the village:

1-12 Definitions

(a)    Open Fire:  Shall mean any fire or smoke producing process wherein the combustion products are directly emitted into the atmosphere.

(b)   Stack:   Shall mean any lawful conduit, chimney, duct, vent, or flue arranged to conduct gases or gas borne products to the other air.

 Prohibited Burning

 1-13  No person shall  burn any garbage, rubbish, or solid waste in any open fire except as permitted by provisions set forth herein.

 Permissible Burning

 1-14  When not prohibited by law, regulation, ordinance, or State officials having jurisdiction, such as the State Commission of Conservation or the State Commissioner of Health, the following types of open  burning are permissible:

 (A)   Outdoor grills and fireplaces for the purpose of preparing food.

(B)   Camp fires and fires used solely for recreation purposes when such fires are located at least one hundred (100) feet from any dwelling, structure, or vehicle and are properly controlled and supervised by the Herkimer Fire Department.

(C)   Burning of solid or liquid fuels, or structures when under the direct control and supervision of a qualified instructor at a fireman’s training exercise or when done for the instruction and training of firemen.

(D)   Properly operated industrial flares for combustion of flammable gases.

(E)    Burning specifically authorized by permit by officials acting within their authority and jurisdiction so authorize, such as the State Commissioner of Conservation or the State Commissioner of Health or by the Board of Trustees of the Village of Herkimer.

Of course, none can hold a candle to our former neighbor, Herkimer fire fiend Curtis Cool.

Author: herkimerblog

This blog is my perspective on dwelling in our small village nestled among beautiful forests, farms and open landscapes. Educated in Israel and the US, I have an MS in Computer Science. My viewpoint has been shaped by world travel, friends and benefactors both strangers and people I know. Linda Kaidan