Village of Canastota, NY
Madison County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 4-19-1976 as Ch. 16 of the 1976 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 66.
Fire prevention — See Ch. 105.
The Board of Trustees, through its duly appointed representative, shall have the authority to direct that the village fire apparatus may be taken from the village under the authority of the Fire Chief when necessary, in its opinion, for the extinguishment of fires in the vicinity of the village or subject to any mutual aid agreement into which said Board may enter.
[Amended 3-23-1987 by L.L. No. 1-1987]
A. 
The fire limits of the village are hereby authorized and fixed as all that portion of the village included within the following boundaries:
Commencing where the east line of the village intersects the north line of the Erie Canal; thence westerly along the northerly line of the Erie Canal to the west line of Diamond Street; thence north along the west line of Diamond Street to the south line of Chapel Street; thence west along the south line of Chapel Street to the east line of Main Street; thence south along the east line of Main Street to the north line of James Street; thence east along the northerly line of James Street to the west line of Peterboro Street; thence east and parallel with the West Shore right-of-way to meet the east line of the village; thence northerly along said village line to the point of beginning.
B. 
Within the fire limits described above, two zones shall be included:
(1) 
Zone A shall be that portion of the village fire limits encompassing all properties on both sides of Peterboro Street from the intersection of Railroad Street north to the intersection of Canal Street; west along both sides of Center Street from Peterboro Street to the intersection of Commerce Street on the north and to the intersection of Mill Street on the south; and east along both sides of Center Street to the intersection of Diamond Street.
(2) 
Zone B shall include all that remaining portion of the village fire limits not included in Zone A.
[Amended 3-23-1987 by L.L. No. 1-1987]
A. 
Within Zone A of said village fire limits, no wooden building or structure shall be erected or substantially altered without first having submitted to the Building Inspector, in writing, detailed plans and specifications of such construction or alteration, and no permit shall be issued by the Building Inspector for the construction of any building within Zone A of the fire limits except where such building shall be constructed of masonry, with a fire-resistant roof. In addition, no existing building shall be substantially altered without the specific permission of the Building Inspector as to the type of construction and the terms and conditions of such construction or alteration.
B. 
Within Zone B of said village fire limits, all nonmasonry buildings shall be constructed of or substantially altered with materials having a minimum of a one-hour fire rating, a fire-resistant roof and a minimum separation between any structures of 10 feet.
[Amended 7-15-2019 by L.L. No. 2-2019]
A. 
Except as otherwise permitted under the provisions of this chapter, open fires are prohibited within the Village limits.
B. 
Upon the issuance of a controlled burn permit by the Code Enforcement Officer, which permit shall be issued without charge to the applicant, occupants of single-family residences shall be permitted to ignite and maintain small outdoor open recreational fires which are not more than three feet wide nor more than three feet high, and are located and constructed in a manner approved by the Code Enforcement Officer in accordance with applicable New York State codes. Only dry wood and woody material such as tree limbs and brush shall be burned in such recreational fires, and all such fires shall be constantly attended and observed by an adult on the premises. The burning of unseasoned wood or woody material, garbage (including human or animal wastes), leaves, paper or other recyclable materials or construction debris is prohibited. Such permits shall be valid for not more than 12 consecutive months and shall be required to be renewed thereafter. No such permit shall be deemed to supersede any burning bans or other regulations issued by the New York State Department of Environmental Conservation.
C. 
The following outdoor fires and activities may be conducted within the Village without the issuance of a permit: outdoor cooking facilities used by permitted food service establishments and charitable and benevolent organizations conducting fund-raising activities such as chicken barbecues; fires which are enclosed so as to prevent the dispersal of the same by winds or otherwise, including charcoal or liquid propane gas cooking devices and other open-flame cooking devices specifically designed, manufactured and sold as such, including chimineas and similar portable outdoor fireplaces, provided that all such open-flame cooking devices and their location and manner of operation shall comply with manufacturer's instructions and specifications and the provisions of the of New York State International Fire Code.
D. 
Recreational fires shall be located no closer than 25 feet to any residential structure, and no less than two feet from any property line, and outdoor fireplaces and similar devices shall be located no closer than 15 feet to any residential structure as indicated in the drawing below:
E. 
For purposes of this section, the term "residential structure" shall include any residence and any residential accessory structure, including, but not necessarily limited to, garages, storage sheds, playhouses, gazebos and fences.
[Added 7-15-2019 by L.L. No. 2-2019]
A. 
The Code Enforcement Officer shall have the authority to issue orders temporarily banning all outdoor fires within the Village upon his or her determination that atmospheric conditions are such that any outdoor fire would pose an undue hazard or risk to public safety or health.
B. 
Any fire which, upon the determination of the Code Enforcement Officer, any police officer, or any Fire Department Officer, is a hazard or nuisance to other particular properties or residents shall be immediately extinguished upon the direction or order of any such officer or official, regardless of whether a permit has been previously issued for such fire.
[Added 7-15-2019 by L.L. No. 2-2019]
A violation of any provision of this chapter shall be deemed an offense punishable upon conviction by a fine of not less than $100 and not to exceed $250 per violation for a first offense, and by a fine of not less than $150 and not to exceed $250 per violation for a second or subsequent offense. Upon conviction of any violation of any provision of this chapter, any permit issued pursuant to the provisions of Subsection B of § 101-4 shall be deemed automatically revoked, and the holder of any such permit shall not be eligible for issuance of another such permit for a period of one year from the date of such conviction.
[Added 7-15-2019 by L.L. No. 2-2019]
In the event the Village Fire Department is called and responds to a scene of any fire being maintained in violation of any provision of this chapter, the owner of the property where the fire occurred, upon conviction of any such violation, shall also be liable for a civil penalty in the amount of $250 to be paid to the Village of Canastota to compensate the Village for the costs of the Fire Department response.