[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.
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.
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.