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Hamburg Village, NY Fire Regulations: Outdoor Burning (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Outdoor burning rules in Hamburg Village, NY, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Prohibited
Burning rubbish or other material producing offensive odors, gas or smoke
Where it applies
Within the Village of Hamburg
Exception
Properly supervised cooking fires in outside barbecues, fireplaces or grills
Maximum fine
$250
Maximum jail term
15 days
Adopted
Board of Trustees, 4-6-1970, as § 8-2 of the 1970 Code

Summary

In the Village of Hamburg, Chapter 132 bars anyone from burning rubbish or any other material that gives rise to unwholesome, offensive or deleterious odors, gas or smoke. The Board of Trustees backs the ban with a violation carrying a maximum fine of $250, up to 15 days in jail, or both.

§ 132-1. Burning prohibited; exception. A. No person shall burn within the village any rubbish or any other material of any kind or nature which shall give rise to unwholesome, offensive or deleterious odors, gas or smoke. ... § 132-2. Penalties for offenses. Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.

Full Breakdown

The rule sits in Chapter 132, Burning, Outdoor, of the Code of the Village of Hamburg, Erie County, New York. Section 132-1A says no person shall burn within the village any rubbish or any other material of any kind or nature that gives rise to unwholesome, offensive or deleterious odors, gas or smoke. The test is what the fire produces, not what label the pile carries: the words cover rubbish and then sweep in any other material, so a brush pile, trash or construction debris that throws off offensive odors, gas or smoke falls inside the prohibition.

The prohibition reaches burning within the village. Property outside the Village of Hamburg but inside the surrounding Town of Hamburg is governed by the Town's own separate code, not by this chapter, and the Board of Trustees has no say over it.

Section 132-1B carves out one exception. The Board of Trustees states that it does not intend the section to forbid cooking fires in standard outside barbecues, fireplaces or grills, provided the fires are properly supervised. That exception is covered on its own page for cooking fires.

Chapter 132 is short. It was adopted by the Board of Trustees of the Village of Hamburg on 4-6-1970 as § 8-2 of the 1970 Code, and it consists of the burning prohibition in § 132-1 and the penalty clause in § 132-2. The printed chapter text sets out no permit procedure and no burn season, and a general reference at the top points readers to Chapter 123, Building Construction and Fire Prevention, for the village's separate fire-prevention rules.

Violations & Fines

Under § 132-2, any person violating any provision of Chapter 132 is guilty of a violation. Upon conviction the penalty is a maximum fine of $250, or a term of imprisonment of not more than 15 days, or both. The chapter does not set a separate daily-offense clause, so the stated maximum applies to a conviction under the chapter.

Frequently Asked Questions

What may not be burned in the Village of Hamburg?
Section 132-1A bars burning any rubbish or any other material of any kind or nature that gives rise to unwholesome, offensive or deleterious odors, gas or smoke. The wording covers rubbish first and then any other material, so the deciding factor is the odor, gas or smoke the fire produces inside the village.
Is a backyard grill fire covered by the ban?
No. Section 132-1B states the Board of Trustees does not intend the prohibition to forbid cooking fires in standard outside barbecues, fireplaces or grills. The condition printed in the code is that the fires be properly supervised, so an unattended cooking fire does not get the protection of the exception.
What is the penalty for burning in violation of Chapter 132?
Section 132-2 makes it a violation. On conviction the maximum fine is $250, or imprisonment of not more than 15 days, or both. The chapter was adopted by the Village Board of Trustees in 1970 and the penalty clause carries the same limits for every provision of the chapter.
Does the Town of Hamburg code control burning in the village?
No. Chapter 132 is the Village of Hamburg's own law, adopted by its Board of Trustees, and it applies within the village. The Town of Hamburg surrounds the village and has a separate code, so a burning question about land outside the village limits is a Town matter.

Sources & Official References

Other rules in Hamburg Village

All Hamburg Village rules

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