[Added 5-7-2001]
A.
The City of Lackawanna hereby finds that open burning
of brush, wood, lumber, paper products, plastic, tires, garbage, refuse
and other related items causes air pollution, is a fire hazard and
is otherwise injurious to the public safety, health and welfare of
the residents of the City.
B.
It is the purpose and intent of this article to control
the open burning of certain materials within the limits of the City
and in some instances to prohibit open burning completely.
Except as permitted below or by state law or
regulation, no person shall burn, or permit to be burned any brush,
wood, lumber, paper products, plastic, tires, chemicals, trash, garbage,
refuse or other related items within the limits of the City of Lackawanna.
[Amended 6-29-2021]
Nothing contained herein, however, shall prevent
the operation of outdoor grills or fireplaces for the preparation
of food, or the installation and proper use of indoor fireplaces and
wood stoves. The fuel for the aforementioned devices shall be that
material typically used in the device, such as charcoal, charcoal
briquettes, and will be in conformance with the New York State Fire
Prevention and Building Code and the National Fire Protection Association
Pamphlet 211. This article shall not prohibit the use of outdoor gas
firepits and/or fireplaces fueled by propane gas or natural gas only.
Upon written application to the City Fire Chief
under the City Fire Prevention Code and when approved by the Fire
Chief, the City Council may grant a permit to a public agency or fire
district to burn structures, lumber or other items, provided that
all permits required by the Erie County Health Department and/or New
York State Department of Environmental Conservation are obtained and
complied with.
[Amended 6-29-2021]
The provisions of this article shall be administered
and enforced by any officer of the Police Department, a City Fire
Chief, City Fire Inspector/Marshal, City Building Inspector, or Code
Enforcement Officer.
Every person convicted of violating any provision
of this article shall be guilty of a violation punishable by a fine
of not more than $250, or by imprisonment for not more than 15 days,
or by both such fine and imprisonment. The continuation of a violation
of the provisions of this section shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.
The provisions of this article shall be applicable
within the boundaries of the City of Lackawanna.
