Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-15-1974 as Chapter 18 of the 1974 Code of the Town of Tonawanda. Amendments noted where applicable.]
GENERAL REFERENCES
Buliding code administration and enforcement — See Ch. 54.
Sale of junk — See Ch. 121.
Solid waste management — See Ch. 181.
Abandoned or junked vehicles — See Ch. 203.

§ 85-1 Maintenance of property free from fire hazards.

It shall be the duty of every owner, lessee or person, firm or corporation in possession or control of lands, buildings, accessory structures and appurtenances to keep the same free of all kinds of unprotected flammable material, refuse or rubbish which is easily ignited and to maintain said property in a manner that shall not constitute a fire hazard.

§ 85-2 Inspections for fire hazards; remedy.

[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer of the Town of Tonawanda or such other employees of the Town assigned to his office as may be designated by him, or such other persons as may be designated by the Town Board, shall have the power to inspect and examine any buildings or premises, except the interior of one-family dwellings, for the purpose of determining whether there exists therein a fire hazard; and upon finding that such a fire hazard does exist therein, said Code Enforcement Officer or such other said employees assigned to his office as may be designated by him, or such other persons as may be designated by the Town Board, shall have the power to compel the owner thereof to remedy the condition found to constitute a fire hazard.

§ 85-3 Open burning prohibited; exception.

No person shall kindle, maintain or authorize to be kindled, maintained or ignited any open, unconfined fire on or in any street or place or public grounds or private lands, nor shall any person assist in the kindling or maintaining of, or knowingly furnish the materials for, any such open, unconfined fire, outside the corporate limits of the Village of Kenmore, except as provided in § 85-7 of this chapter.

§ 85-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPROVED
Accepted by the Code Enforcement Officer or such other employees of the Town assigned to his office as may be designated by him, or such other persons as may be designated by the Town Board, as a result of his investigation and experience or by reason of tests, listing or approval by Underwriters' Laboratories, Inc., the National Bureau of Standards, the American Gas Association Laboratories or any other nationally recognized testing agency.
[Amended 3-26-2007 by L.L. No. 2-2007]
OPEN, UNCONFINED FIRE
Any fire that is not contained or controlled within an approved fuel- or refuse-burning plant, equipment or device.

§ 85-5 Exception to provisions.

This chapter shall not apply to a fire contained in a device or equipment which is intended to be and is being used solely for the preparation of food.

§ 85-6 Burning of salvage and junk materials.

The burning of motor vehicle bodies, parts and accessories and similar salvage and junk materials in open, unconfined fires not enclosed by a proper approved burning plant or device is hereby prohibited except as hereinafter provided.

§ 85-7 Special permit for open burning.

The Town Board of the Town of Tonawanda may grant a special permit for burning, subject to such terms and conditions as recited therein, when such burning does not create a fire hazard and does not interfere with or inconvenience adjacent property owners.

§ 85-8 Penalties for offenses.

[Amended 5-21-1984 by L.L. No. 8-1984]
A. 
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.