[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.]
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.
[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.
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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]
Any fire that is not contained or controlled within an approved fuel-
or refuse-burning plant, equipment or device.
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.
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.
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.
[Amended 5-21-1984 by L.L. No. 8-1984]
A.Â
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.Â
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.Â
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
