Town of Massena, NY
St. Lawrence County
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Table of Contents
Table of Contents
[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]
APPROVED CONTAINER
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.
BARBECUE PIT
A noncombustible container designed for roasting or baking food or meat over an open fire.
COOKING DEVICE
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.
OPEN BURNING
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.
OUTDOOR FIREPLACE
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.
RECREATIONAL FIRE
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.
B. 
The permit application must state with specificity:
(1) 
The names, addresses and telephone numbers of all the property owners.
(2) 
The location where the burning shall take place.
(3) 
The date and time when the burning shall take place.
(4) 
The materials to be burned.
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.