[HISTORY: Adopted by the Town Board of the
Town of Massena 6-12-1996 by L.L. No. 2-1996. Amendments noted where
applicable.]
GENERAL REFERENCES
Building and fire prevention — See Ch. 109.
[1]
Editor's Note: The title of this chapter, which was formerly
Burning, Open, was amended 4-7-2021 by L.L. No. 1-2021.
No person shall burn, allow or permit to be
burned any brush, lumber, paper products, plastics, tires, chemicals,
trash, garbage, wood or other related items in the Town of Massena.
[Added 4-7-2021 by L.L.
No. 1-2021]
A properly maintained and utilized barbeque grill, barbeque
pit or outdoor fireplace that utilizes a spark-arresting screen and
a lid or wherein products of combustion pass through a stack or chimney
from an enclosed chamber. The total fuel area shall be three feet
or less in diameter and two feet or less in height.
A noncombustible container designed for roasting or baking
food or meat over an open fire.
A noncombustible, listed device designed for cooking food
or meat. A listed cooking device shall be fueled by either natural
gas, liquefied petroleum gas (LP gas), or commercial charcoal or briquettes.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
road flares, smudge pots, and similar devices associated with safety
or occupational uses.
A noncombustible container designed for burning wood wherein
products of combustion are emitted into the air by either passing
through a stack or chimney from an enclosed container or emitting
into the air without passing through a stack or chimney from an enclosed
container. The total fuel area shall be three feet or less in diameter
and two feet or less in height.
An outdoor fire burning materials other than rubbish where
the fuel being burned is contained in a container designed for burning
and has a total fuel area of three feet or less in diameter and two
feet or less in height for pleasure, religious, ceremonial, cooking,
warmth, or similar purposes.
Nothing contained herein, however, shall prevent
the operation of properly installed and maintained indoor fireplaces,
hearths, woodstoves or outdoor grills or fireplaces for the preparation
of food.
The Town Board may authorize government agents
to burn structures, lumber, brush or other items, provided that all
permits required by the Code Enforcement Office, including any additional
permits required by the Health Department or the New York Department
of Environmental Conservation, are obtained and complied with.
[Added 6-11-1997 by L.L. No. 2-1997]
A.
Residents of the Town of Massena may apply to the
Code Enforcement Officer for a permit to burn brush on their property.
C.
Upon issuance of the permit and prior to burning,
the resident shall notify the Massena Volunteer Fire Department of
the location, time and area of the permitted burning.
D.
The permit shall expire at sunset of the day the permit
authorizes burning to take place, and any other or different burning
by the resident shall require a separate application and permit.
E.
In the event that inclement weather prevents the resident
from conducting the burning, the resident shall notify the Code Enforcement
Officer and the Massena Volunteer Fire Department of the alternate
burning day.
[Added 4-7-2021 by L.L.
No. 1-2021]
A.
A recreational fire meeting the following criteria shall be permitted
within the Town of Massena
(1)
A cooking fire shall be contained in a cooking device designed
for cooking and be fueled by natural gas, liquefied petroleum gas,
or commercial charcoal or briquettes.
(2)
A recreational fire contained in a container, designed for burning
combustibles, positioned on a noncombustible surface, and that is
not less than 15 feet from a building, structure, driveway, or property
lot line. Materials used for fuel for a recreational fire shall consist
of seasoned wood only (not freshly cut or treated wood).
(3)
A cooking fire in a container, designed as a barbecue pit, positioned
on a noncombustible surface, and that is not less than 15 feet from
a building, structure, driveway, or property lot line.
B.
Exception. The following are exempt from the restrictions in Subsection A above:
(1)
A recreational fire that is hazardous, offensive, objectionable,
or unreasonably interferes with the comfortable enjoyment of life
or property due to smoke or odor emissions shall be prohibited. The
Code Enforcement Officer, Fire Chief or his or her designee is authorized
to order the extinguishment of a recreational fire which creates or
adds to a hazardous, offensive, or objectionable condition.
[Added 4-7-2021 by L.L.
No. 1-2021]
Recreational fires shall be constantly attended until the fire
is extinguished. A minimum of one portable fire extinguisher with
a minimum 4-A rating or other locally approved on-site fire-extinguishing
equipment, such as dirt, sand, a water barrel, garden hose or fire
truck, shall be available for immediate utilization.
[Added 4-7-2021 by L.L.
No. 1-2021]
A.
Charcoal burners and other open-flame cooking devices shall not be
operated on combustible balconies, decks, porches, or within 10 feet
of combustible construction.
B.
Exceptions. The following are exempt from the restrictions in Subsection A above:
(1)
One- and two-family dwellings.
(2)
Where buildings, balconies, decks, or porches are protected
by an approved automatic sprinkler system.
(3)
Liquefied petroleum gas (LP gas) burners, used with a cooking
device, designed for cooking, having an LP gas container with a water
capacity of 2.5 pounds or less.
Permit fees are to be set by the Town Board,
Town of Massena, payable to the Town Clerk, once the permit is approved
by the Code Enforcement Office.
Every person convicted of violating any provision
of this chapter shall be guilty of a violation punishable as follows:
by a fine of not more than $250 or by imprisonment for not more than
10 days. The continuation of an offense against the provisions of
this chapter shall constitute, for each day the offense is continued,
a separate and distinct violation hereunder.
