Village of Massena, NY
St. Lawrence County
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Table of Contents
Table of Contents
[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:
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.
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.