[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.]
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:
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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.
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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.
Controlled
burn permits.
[Amended 12-4-2023 by L.L. No. 7-2023]
(1)
A controlled
burn permit may be issued by the Code Enforcement Officer, which permit
shall be issued without charge to the applicant and such permit shall
allow the permit holder 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.
(2)
Only
the following may apply for a controlled burn permit: occupant(s)
of a single-family residence and occupant(s) of a two-family residence.
Where the occupant(s) of a single-family or two-family residence is
not the owner of the residence, the occupant(s) must obtain written
permission from the owner to apply for a controlled burn permit. Such
written permission must be submitted to the Code Enforcement Officer
as part of the application for a controlled burn permit.
(3)
Only
dry wood and woody material such as tree limbs and brush shall be
burned in such recreational fires as allowed under a controlled burn
permit, 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.
(4)
A controlled
burn permit 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:
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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.
