Village of Lima, NY Chapter 72 Burning, Outdoor

[HISTORY: Adopted by the Village Board of Trustees of the Village of Lima 6-14-1988 by L.L. No. 2-1988. Amendments noted where applicable.]

§ 72-1 Open fires and burning prohibited in Village of Lima.

[Amended 2-14-2012 by L.L. No. 1-2012]

A. Open burning and open fires are prohibited within the Village of Lima, unless expressly permitted by local law. No person shall start or set any fire outside of a building or structure anywhere within the Village of Lima, and any open flame or fire or burning out of doors shall be prohibited unless it is expressly authorized by this chapter. No person present at the site of an unauthorized fire or open burning shall knowingly permit such open fire or burning to continue burning if accidentally or wrongfully started.

B. No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which are injurious to human, plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life or property. No open fire or open burning shall be authorized or permitted if it results in a nuisance objectionable to a reasonable person. Notwithstanding the existence of specific air quality standards or emission limits, the prohibition against emissions applies, but is not limited to any particulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others.

C. Under no circumstances shall any person burn or allow to be burned any grass, leaves, brush, trash, paper, or any substance that will violate Subsection B of this section.

D. Exceptions. Open burning and open fires within the Village of Lima shall be authorized and permitted in the following specific instances only:

(1) An open fire or open burning for purposes of food preparation will be permitted, provided that the fire is securely contained within a vessel or receptacle constructed for the purpose of holding or containing open flame and diffusing or concentrating it for the purpose of food preparation, such as an outdoor fireplace or grill. The flame may be fueled only by propane gas, canned ("sterno" style) gas, charcoal or wood reasonably intended and fit for the preparation of food. Open fires or open burning fueled by paper, waste products, wood scraps, chemically treated wood or other fuels unsuitable for food preparation shall be deemed to violate this chapter. If the outdoor fireplace or grill or similar vessel or receptacle shall be found to emit embers or sparks, it shall be required to be equipped with a spark arrester fitted to the top of a flue or chimney, or like emitter of flame or substances, to prevent floating embers or sparks from ejection from the vessel or receptacle.

(2) An open fire or open burning wholly contained within a vessel or receptacle such as a chiminea, or a like vessel or receptacle specifically designed and intended for safe and contained open burning contributing to ambiance and warmth will be permitted, provided that the flame is fueled only by charcoal or wood reasonably intended and fit for clean burning in a chiminea or like receptacle or vessel. Open fires or open burning fueled by paper, waste products, wood scraps, chemically treated wood or other fuels unsuitable for clean burning in a chiminea or like receptacle or vessel shall be deemed to violate this chapter.

(3) Upon application to the Village Board of Trustees, a person or organization may request a permit to authorize in a specified location and for a limited duration, an open fire in furtherance of a public celebration, commemoration or event. Such approval may be given or withheld, at the sole and exclusive discretion of the Village Board, provided that the Village Board is reasonably certain that such open fire will be properly fueled and monitored, and that it will not be offensive or a nuisance to persons or properties in the vicinity.

(4) Notwithstanding the foregoing permitted exceptions to the policy prohibiting open burning and fires, no open burning or open fire shall be permitted on any property within the Village of Lima if such open fire or open burning is located or taking place within 20 feet of any structure or building or erected improvement located upon an adjacent property, so as to protect such adjacent structure or building or improvement from likely scorching or damage caused by fire or spark.

E. Outdoor wood burning furnaces or solid fuel heating devices prohibited. As established in § 185-91 of the Code of the Village of Lima, no outdoor wood-burning furnace or solid fuel heating device shall be permitted, authorized or used within the Village of Lima.

F. Compliance with New York State Environmental Conservation law regulating open fires. This chapter is intended to more specifically govern and restrict open fires and open burning within the Village of Lima, but it is understood and acknowledged that New York State code and regulations additionally govern open burning. This chapter is not intended to replace the state code provisions, but to add further specificity concerning prohibitions.

§ 72-2 Enforcement.

As authorized by prior local laws duly enacted by the Village of Lima and as enabled by Article 150 of the Criminal Procedure Law, any authorized public servant or agent of the Village of Lima may issue an appearance ticket returnable in the local justice court in order to enforce this chapter.

§ 72-3 Penalties for offenses.

The violation of this chapter shall constitute a misdemeanor and shall be punishable as follows:

A. The person, firm, company or corporation who shall omit, neglect or refuse to do any act required by this chapter shall be guilty as follows:

(1) For a first offense of a violation, punishable by a fine of not more than $250 or by imprisonment not to exceed 15 days, or by both fine and imprisonment; and

(2) For a second offense and any subsequent offense occurring within one year after the conviction of a first offense of a Class A Misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both fine and imprisonment.

B. Each and every instance that a violation of any of the provisions of this chapter occurs or continues shall constitute a separate violation. In addition to the remedies set forth, the Village Board may institute an appropriate action or proceeding to abate any violation of the provisions of this chapter or to compel compliance therewith.