[Adopted 5-23-2005 by Ord. No. 2006-01]
Any person or entity who is issued a permit
under §
134-1A or
B shall comply with all the rules and
requirements contained on said permit, as may be in effect from time
to time.
Any individual, person or entity found in violation
of any section of this article will be subject to a fine of not less
than $250 and no more than $750 for each violation.
[Adopted 8-10-2009 by Ord. No. 2009-10]
As used in this article, the following terms shall have the
meanings indicated:
LANDSCAPE WASTE
Any vegetable or plant refuse, except garbage and agricultural
waste. The term includes trees, tree trimmings, branches, stumps,
brush, weeds, leaves, shrubbery and yard trimmings. The term specifically
excludes grass.
PAVED STREET
Includes all public rights-of-way designed for motor vehicle
use with surfaces composed of oil and rock, asphalt and rock, rock
or concrete, including but not limited to public alleyways and streets.
The burning of landscape waste shall be allowed within the Village
of Williamsville from 9:00 a.m. until sunset on each Tuesday, Thursday
and Saturday of each month during the time period March 1 through
May 20 (inclusive) and during the time period September 15 through
December 15 (inclusive) of each calendar year subject to the following
restrictions and mandatory conditions precedent to any fire or burning
of landscape waste:
A. Burning of landscape waste is only permitted when wind air speed
is 14 miles per hour or less. Said wind air speed shall be as reported
by the National Weather Service at the time of the burning.
B. Prior to the starting of the fire the landscape waste to be burned
shall be dry to the touch.
C. The fire must be supervised at all times by a legally competent adult
until completely extinguished.
D. A water hose must be connected to a water source and shall be accessible
to the fire supervisor within 15 feet of the fire.
E. All coals and ashes must be completely extinguished before the adult
supervising the fire may leave the area.
F. No burning of landscape waste is permitted within 20 feet of any
adjourning property owner's or renter's motor vehicle or
residence.
G. The landscape waste shall be burned on the premises on which such
landscape waste is generated.
H. All burning shall be conducted when atmospheric conditions will readily
dissipate contaminants.
I. No burning may create a visibility hazard on paved streets or railroad
tracks.
J. No burning of landscape waste is permitted on paved streets, public
alleyways, public easement or drainage ditches.
K. No fire may be permitted to smolder after the end time for burning
in the Village.
L. No burning shall be conducted on Veterans Day or Halloween Day.
M. No burning shall be conducted in burn barrels.
The restrictions regarding burning contained in this article
shall not apply to the following:
A. The Village of Williamsville and its employees while acting within
their scope of employment.
B. Outdoor grills while in use for the preparation of food.
C. Recreational fires built in a fire pit, fire ring or constructed
of rocks or other similar noncombustible material, except that with
respect to recreational fires the following restrictions and mandatory
conditions precedent to any fire or burning shall apply:
(1) Fuel for a recreational fire shall consist of seasoned, dry firewood
and shall be ignited with paper or kindling;
(2) No flammable or combustible liquids shall be used to start, kindle
or rekindle a recreational fire;
(3) The recreational fire must be supervised at all times by a legally
competent adult; and
(4) The recreational fire must be completely extinguished prior to the
supervising adult leaving the area.
Any burning or fire which continues after weather conditions
have changed so that it is no longer appropriate for burning, including
but not limited to when conditions are dry such as that there is a
potential fire hazard and/or conditions threaten the safety of others,
shall be extinguished promptly by the supervising adult.
Any person or entity violating any provision of this article
shall be subject to a fine or penalty in the sum of $50 for the first
violation, $100 for the second violation and $500 for the third and
any subsequent violation. Every day that such a violation is continued
shall constitute a separate and distinct offense. In addition to such
fine or penalty, any person violating any provision of this article
shall also be required to pay all costs of and expenses incurred by
the Village of Williamsville or any other agency responding to the
violation. The Village is hereby authorized to place a lien against
the real estate where the violation occurred in the amount of said
costs and expenses.