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.
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.