[HISTORY: Adopted by the Town Board of the Town of Geneva 7-13-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
The definitions contained in the NYCRR Title 6 Part 215, entitled "Open
Fires" are hereby adopted for the purposes of the within section.
A.
No open fire shall be permitted that is not contained
in a fireproof containment device, and the area surrounding the fire shall
be free from combustible material for a distance of 10 feet from the edge
of the fire containment device in all directions. The determination that a
device is fireproof is solely in the discretion of the Code Enforcement Officer
upon consultation with any duly appointed or elected fire chief in the Town
of Geneva. No fire that exceeds three feet in height, as measured from the
base of the fire, shall be permitted.
B.
This section is not intended to prohibit the use of open
fires for cooking or campfire purposes, provided that they are contained in
a fireproof containment device and do not exceed the height of three feet.
A.
There shall be an exception for the purpose of burning
material that is placed in a suitable site for burning, provided that a permit
is first obtained from the Code Enforcement Officer. The site shall first
be inspected by the Code Enforcement Officer and, if in the opinion of the
Code Enforcement Officer, it is required that a representative of a fire company
in the Town of Geneva inspects the site, he shall request the same.
B.
In the event that, in the opinion of the Code Enforcement
Officer and/or any fire chief in the Town of Geneva, it is required for the
safety of the people or property in the Town of Geneva that a fire company
stand by during the burning process that is permitted pursuant to this section,
then in that event there shall be a fee charged as determined by the fire
chief in consultation with the Code Enforcement Officer that shall be a reasonable
fee related to the cost of providing the fire protection, and the individual
requesting the permit shall pay such fee to the Town of Geneva, and the Town
of Geneva shall remit said fee to the fire company or fire companies, as the
case may be, that provide such fire protection.
The Code Enforcement Officer shall establish a system for issuing such
open fire permits and they shall be available on the same basis as other permits
issued by the Town of Geneva Code Enforcement Officer.
The provisions of this chapter shall not apply to burning within an
agricultural use zone or an other use zone where the property being burned
upon is used for agricultural business, provided that said burning is required
in the agricultural business of the individual burning.
The Code Enforcement Officer or a Fire Chief in the Town of Geneva may
prohibit the burning in an open fire at any time that such official believes
that the conditions are such that the people and property in the Town of Geneva
would be endangered. Such prohibition shall continue until conditions improve
to the extent that such burning may be safely resumed.
A.
A violation of this chapter is an offense, punishable as provided in Chapter 1, General Provisions, Article III. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this Chapter shall be deemed misdemeanors, and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
B.
The Code Enforcement Officer and Deputy Code Enforcement
Officer of the Town of Geneva are hereby authorized and empowered to enforce
the laws and ordinances of the Town of Geneva and are further hereby authorized
to issue appearance tickets pursuant to § 150.20 of the Criminal
Procedure Law.
