[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 12-20-1999 by L.L. No. 5-1999. Amendments noted where applicable.]
Air pollution — See Ch. 48.
Fire prevention — See Ch. 120.
Solid waste — See Ch. 206.
The Town Board hereby finds that the open burning of brush, wood, lumber, paper products, plastic, tires, garbage, refuse and other related items causes air pollution, is a fire hazard and is otherwise injurious to the public safety, health and welfare of the residents of the town.
It is the purpose and intent of this chapter to control the open burning of certain materials within the limits of the town and, in some instances, to prohibit open burning completely.
Except as permitted below or by state law or regulation, no person shall burn, allow or permit to be burned any brush, wood, lumber, paper products, plastic, tires, chemicals, trash, garbage, refuse or other related items within the limits of the Town of Cheektowaga.
Nothing contained herein, however, shall prevent the operation of outdoor grills or fireplaces for the preparation of food, or the installation and use of indoor fireplaces and wood stoves. The fuel for the aforementioned devices shall be that material typically used in the device, such as charcoal, charcoal briquets and wood in its natural state or wood pellets. All installations of fireplaces and stoves shall be in conformance with the New York State Fire Prevention and Building Code and the National Fire Protection Association Pamphlet 21 1.
Upon written application to the Town Fire Inspector under the Town Fire Prevention Code, and when approved by the Town Fire Inspector, the Town Board may grant a permit to a public agency or fire district to burn structures, lumber or other items, provided that all permits required by the Erie County Health Department and/or New York State Department of Environmental Conservation are obtained and complied with.
Editor's Note: See Ch. 120, Fire Prevention.
The provisions of this chapter shall be administered and enforced by any officer of the Cheektowaga Police Department, a Town Fire Inspector or a Town Building Inspector.
Every person convicted of violating any provision of this chapter shall be guilty of a violation punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.
The provisions of this chapter shall be applicable within the boundaries of the Town of Cheektowaga, excluding the villages of Sloan and Depew.
If any clause, sentence, paragraph or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall be rendered.