[HISTORY: Adopted by the City Council of the City of Jamestown 8-10-1992
by L.L. No. 2-1992. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
Any outdoor fire or outdoor smoke-producing process from which air
contaminants are emitted directly into the outdoor atmosphere.
All waste material, including but not limited to garbage, rubbish,
incinerator residue, street sweepings and dead animals.
Solid or liquid waste material, including but not limited to paper
and paper products; rags; trees or leaves, needles and branches therefrom;
vines; lawn and garden debris; furniture; cans; crockery; plastic; cartons;
chemicals; paint; grease; sludge; oils and other petroleum products; wood;
sawdust; demolition materials; tires; and automobiles and other vehicles and
parts for junk, salvage or disposal.
Except as permitted by § 142-3, no person shall burn in an open fire or cause, suffer, allow or permit the burning in an open fire of garbage; refuse; rubbish; rubbish generated by residential activities; rubbish generated by industrial or commercial activities; rubbish generated by land clearing or demolition for the erection of any structure; rubbish generated by the construction or modification of any highway, railroad, power or communication line or pipeline; or rubbish generated by the development or modification of a recreational area or park.
[Amended 2-24-2003]
Burning in an open fire, provided that it is not contrary to any other
federal, state or local law, ordinance, rule or regulation, will be permitted
as follows:
A.
At a publicly sponsored celebration or event or at a
public or private school sponsored event with the prior written permission
of the Deputy Fire Chief or his/her designee and subject to any conditions
or restrictions which he/she shall impose for the safety of life and property.
B.
The burning of land clearings and/or demolition materials
consisting of wood, trees, tree trimmings, leaves or brush generated by land
clearing or demolition for the erection of any structure, for the construction
or modification of any highway, railroad, pipeline or power or communication
line or for the development or modification of a recreational area or park,
provided that such burning is done on-site or at an appropriate designated
burning area in accordance with a permit issued by the Commissioner of the
New York State Department of Environmental Conservation in accordance with
Part 215, Section 215.3, of the New York Code, Rules and Regulations if the
State of New York, and further provided that additional permission is granted
by the Deputy Fire Chief or his/her designee, which has the authority to condition
permission on such restrictions as might be imposed for the protection of
life and property.
The provisions of § 142-2 shall not be deemed to prohibit any person from the open burning of charcoal or wood for cooking purposes, provided that such charcoal or wood is confined in a cooking utensil commonly referred to as a "grill," "hibachi" or "barbecue pit" or other similar cooking utensil designed for the open burning of charcoal or wood.
[Amended 2-24-2003]
No person shall leave or store within any building within the City of
Jamestown any material increasing the tendency or liability of fire therein
after being ordered by the Deputy Fire Chief and/or his designee
[Amended 2-24-2003]
The Chief of Police/Director of Public Safety and such fire-fighting
personnel under his command as he shall designate, is hereby vested with authority
to enforce the provisions of this chapter. The Fire Department is hereby authorized
to extinguish any open burning being conducted in violation of any of the
provisions of this chapter.
