West New York, NJ Fire Regulations: Outdoor Burning (2026)

The Board of Commissioners adopted Article VI, Fire Restrictions, on 8-4-2021 as Ord. No. 14/21. Its preamble ties the ban to an overwhelming amount of noise and safety complaints in 2020 about pyrotechnics, both lawful and unlawful, in a town the ordinance describes as densely populated, with residents living in close proximity to each other. Section 198-44 turns that finding into a town-wide rule.

The definition is broad. Open burning means the burning of any materials where the products of combustion go directly into the ambient air without passing through a stack or chimney from an enclosed chamber. A chamber counts as enclosed only when, while combustion occurs, the only openings are the apertures, ducts, stacks, flues or chimneys needed to supply combustion air and let exhaust gas escape. The definition expressly includes burning or combustion resulting from or associated with fireworks and sparkling devices and novelties as defined in N.J.S.A. 21:2-2.

Subsection B makes it unlawful for a person or entity to make, continue or cause to be made or continued any open burning at any location throughout the Town. The single exception is open burning resulting from sparkling devices and novelties used more than 50 feet from any structure. Fireworks are not named in the exception, and sparkling devices used within 50 feet of a structure fall under the ban.

A second rule sits in the Air Pollution Control Code. Section 108-4 bars any person from causing, suffering, allowing or permitting open burning of refuse or plant life, or conducting a salvage operation by open burning. Its only exception is open burning of trade waste where no other known method of disposal can be used without hazard to health or property and the required affidavit has been filed with and approved by the Commissioner of the New Jersey State Department of Environmental Protection. Chapter 108 gives the Health Officer inspection and right-of-entry powers under § 108-8.