[HISTORY: Adopted by the Board of Trustees
of the Village of Massena 9-22-1969 as Ch. 37 of the 1969 Code. Amendments noted where applicable.]
[Added 4-16-2019 by L.L.
No. 1-2019]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A noncombustible container designed for roasting or baking
food or meat over an open fire.
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.
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.
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.
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.
Ashes shall not be kept or deposited by any
person, owner or occupant in any place in this Village, except the
same may be kept in a closed metal or earthen vessel or in a brick,
stone or concrete ash house or at a distance of 20 feet from any wooden
structure.
No person, owner or occupant shall keep, store
or accumulate any boxes, barrels, refuse or other flammable materials
on any street or in any lane or alley or in or near any building or
structure, or in any manner so as to endanger or expose any building
or property to fire.
[Added 8-19-1997 by L.L. No. 6-1997]
A.
Burning of certain items prohibited. No person shall
burn, allow or permit to be burned any brush, lumber, paper products,
plastics, chemicals, trash, garbage, rubbish, wood or other related
items in the Village of Massena.
B.
Indoor fireplaces, woodstoves and outdoor grills.
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.
C.
Burning by authorized government agencies. Government
agents may be authorized to burn structures, lumber, brush or other
items, provided that approval is granted by the Code Enforcement Office,
including that additional permits required by the Health Department
or the New York Department of Environmental Conservation are obtained
and complied with.
D.
The use of outside furnaces is prohibited within the
limits of the Village of Massena. An "outside furnace" is defined
as any wood-burning device, designed and intended for installation
outside of the primary building on a lot and used to produce heat
for transfer to the primary or an accessory building on such lot.
[Added 12-6-2005 by L.L. No. 3-2005; 11-21-2017 by L.L. No. 3-2017]
E.
Exceptions. Liquid propane and natural gas fire pits shall be permitted
in the Village for residential use only.
(1)
All
propane and/or gas fire pits shall:
(a)
Be installed to manufacturer specifications.
(b)
Meet all state and international building and fire codes.
(c)
Be safety certified for the use in the United States
(d)
Not be operated closer than 10 feet from any structure of flammable
material.
(e)
Be placed on a noncombustible surface.
(f)
Not have any gasoline or other flammable liquids or vapors stored
within 25 feet of a fire pit.
(2)
Any
permanently installed gas fire pits will require a building permit
for installation.
F.
Recreational fires.
[Added 4-16-2019 by L.L.
No. 1-2019]
(1)
A recreational fire meeting the following criteria shall be permitted
within the Village of Massena.
(a)
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.
(b)
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).
(c)
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.
(2)
Exception. The following are exempt from the restrictions in Subsection F(1) above:
(a)
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 Chief of Police, 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.
G.
Attendance at recreational fires. 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 4-16-2019 by L.L.
No. 1-2019]
H.
Open-flame cooking devices.
[Added 4-16-2019 by L.L.
No. 1-2019]
(1)
Charcoal burners and other open-flame cooking devices shall not be
operated on combustible balconies, decks, porches, or within 10 feet
of combustible construction.
(2)
Exceptions. The following are exempt from the restrictions in Subsection H(1) above:
(a)
One- and two-family dwellings.
(b)
Where buildings, balconies, decks, or porches are protected
by an approved automatic sprinkler system.
(c)
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.
No person shall open any hydrant without permission
from the Mayor of the Village, the Chief of the Fire Department, or
one of his assistants.
[1]
Editor's note: Former § 162-4, Driving
over unprotected hose, was deleted 9-4-2001 by L.L. No. 2-2001.
No person shall deposit any building material
or other material of any nature near or in front of any hydrant or
so as to prevent or obstruct free access to said hydrant at all times.
The Chief of the Fire Department, or one of
his assistants in command, may prescribe the limits in the vicinity
of any fire within which no person, except persons residing therein,
members of the Fire Department, officials of the Village, and other
persons admitted by order of the chief or his assistant in command,
shall be permitted to come.
[Amended 9-4-2001 by L.L. No. 2-2001]
It shall be lawful for the Chief of the Fire
Department, or any of his assistants in command, to require the assistance
of any citizen, resident or bystander to aid a person or personal
property.
A.
It shall be the duty of the Chief of the Fire Department
to enforce the provisions of this chapter and to cause an inspection
to be made monthly of all premises within the established fire limits,
and to make a report thereof to the Board of Trustees.
B.
Whenever in the opinion of the Chief of the Fire Department
or the Board of Trustees any premises are permitted to remain in violation
of this chapter, or to endanger the safety of property or create a
fire hazard, they shall cause a notice in writing to be served upon
the owner or occupant of said premises requiring the abatement of
such dangerous condition and the removal of such fire hazards within
24 hours after service of such notice, and every such person permitting
or allowing such unsafe or dangerous place or condition to continue
in violation of this chapter after the expiration of said period of
24 hours, shall be liable to the penalty hereinafter prescribed.
[Amended 10-2-2007 by L.L. No. 2-2007]
A.
Whenever it shall become necessary for the preservation
of property from fire to move or destroy property to prevent the spreading
of fire or to protect adjoining property from fire, it shall be the
duty of the Chief of the Fire Department, or his assistant in command,
to cause the removal or destruction of such property, and for the
purpose of checking the progress of any fire he shall have the power
to tear down or blow up or cause to be torn down or blown up any building
which he may deem necessary to extinguish such fire or check the progress
thereof.
B.
The Fire Chief may require the occupants of any such
building or structure, or part thereof, to vacate the premises forthwith.
No person shall use or occupy such building or structure or part thereof
until it is made safe. Except for the owner, no person shall enter
premises which have been ordered vacated unless authorized to perform
inspections or repairs or to demolish and remove such building or
structure or part thereof.
C.
All costs and expenses incurred by the Village of
Massena Fire Department in connection with any work done to remove
the danger or in connection with the demolition and removal of any
such building or structure shall be assessed against the land on which
such building or structure is located, and a bill for such expenses
shall be presented to the owner of the property, or if the owner cannot
be ascertained, then such bill shall be posted in a conspicuous place
on the premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay for such expenses within
60 days after the bill is presented or posted, a legal action may
be brought to collect such assessment or to foreclose such lien. As
an alternative to the maintenance of any such action, the Village
may file a certificate of the actual expenses incurred as aforesaid
together with a statement identifying the property in connection with
which the expenses were incurred, and the owner thereof, with the
Assessor, who shall, in the preparation of the next assessment roll,
assess such amount upon such property. Such amount shall be included
in the levy against such property, shall constitute a lien and shall
be collected and enforced in the same manner, by the same proceedings,
at the same time and under the same penalties as are provided by law
for the collection and enforcement of real property taxes in the Village
of Massena.
A person who willfully, or negligently sets
fire to or assists another to set fire to any grass, or trash, or
other material by means whereof the property of another is endangered,
or negligently suffers any fire upon his own land to extend beyond
the limits thereof, is guilty of a misdemeanor.
[Amended 9-4-2001 by L.L. No. 2-2001]
Any person violating any of the provisions of
this chapter shall be liable to a fine and penalty of not less than
$50 nor more than $250 or by imprisonment for not more than 15 days
for each violation. Each day on which such violation continues shall
constitute a separate offense.
