Sidewalk Ordinance



Village of Parma - Fire Burning

Ordinance # 204-06

The Village Council of the Village of Parma finds that the Village of Parma Ordains:

Section 1. Prohibited Acts

It shall be unlawful for any person to burn or cause to be burned any waste material, refuse, leaves, paper, construction material or other combustible debris within the village, unless done in accordance with the provisions of this article.

Section 2. Definitions

1. “Campfire” means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.

2. “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.

3. “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging and rubble that results from construction, remodeling, repair and demolition operations on a house, commercial or industrial building or other structure.

Section 3. Inside Building or Structure

No such burning shall be permitted inside a building or structure unless the burning is done in a stove, furnace, fire place or incinerator approved by the Parma-Sandstone Fire Departments Fire Chief or his designee.

Section 4. Outside of Buildings

No such burning is permitted outside of buildings or structures in the village, unless all of the following conditions prevail:

1. Location: No burning shall be allowed within 15 feet of an existing building or 10 feet of a property line if no building is near. No burning shall be permitted on any paved surface.

2. Time: Beginning September 1 through June 15, no such burning shall be done prior to 4:00 PM and must not be continued after 9:00 PM.

3. Attendant: No such burning shall be done unless under the charge or constant supervision of a person of mature years (18 years or older) and discretion.

4. Nuisance: No such burning shall be done at any time or place of garbage, refuse (other than wood products that are not processed lumber including 2x4s and pallets) or any materials which when burning give off foul or obnoxious odors or a dense smoke or when wind conditions will create or be apt to create a nuisance to anyone or the property of anyone in the vicinity thereof.

5. The open burning of refuse at residential, commercial or industrial sites is prohibited.

6. Fires: The Parma-Sandstone Fire Department may prohibit or its delegated agent may prohibit outdoor fires when atmospheric conditions or local circumstances make such fires hazardous in his discretion.

Section 5. Burning of Yard Waste Prohibited

No person shall cause or permit the burning of yard waste, including leaves, grass clippings, vegetable or other garden debris, shrubbery of brush, or tree clippings or similar materials, to occur upon any privately owned premises or any public place. No person shall cause or permit the burning of leaves or pine needles within the village limits or within 1400 ft of the village limits.

Section 6. Streets and Highways, Curbs and Sidewalks

No person shall cause or permit material of any kind to be burned or attempt to burn material on or within five feet of any street, alley, highway, sidewalk or between any curb and the sidewalk adjacent thereto within the Village of Parma.

Section 7. Cooking Fires

Fires are permitted for the cooking and smoking of food provided that such fires are confined to the barbeque grill, barbeque pit, smokehouse or other enclosure, and provided further that the emission of smoke and fumes do not irritate, annoy, or constitute a nuisance to others living in the neighborhood.

Section 8. Recreational Fires

Recreational fires, on private property are permitted when in a fire pit, fireplace, or other enclosure designed for recreational fires subject to the following provisions:

1. The location meets the requirements of Sec. 3.

2. Fires are attended until extinguished and ashes are cold.

3. Only clean, unprocessed wood products, or commercially produced fuel products are burned.

4. Atmospheric conditions are favorable.

5. The fire does not produce emissions of dense smoke or fumes which irritate, annoy or constitute a nuisance to others living in the neighborhood.

6. The pit barrier must be of a product that will prohibit the support of combustion. The barrier may be of rock, cement, steal or stone.

7. Flames will not reach over four (4) feet in height.

8. Fires may only occur after a Seasonal Fire Permit has been filed with the Parma Sandstone Fire Department. Permits are available outside of the Fire Department located in the Fire Permit Box. The yellow copy must be available for inspection upon request from the Fire Department.

Section 9. Violations and Penalties

A. Civil Infraction. A person or entity who violates this ordinance for which the Village has assumed enforcement responsibility is responsible for a municipal civil infraction Class B for each and every day that the violation occurs, punishable by a civil fee determined in Ordinance #99.

B. Other Remedies. In addition to the foregoing, the Village shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance, 1972 PA 230, as amended and/or the aforementioned codes. Each day that a violation exists shall constitute a separate offense.

Section 10. Severability

Should any part of this Ordinance or the aforementioned codes being administered and enforced hereunder be declared unconstitutional, illegal or of no force and effect by a court of competent jurisdiction, such portion, thereof shall not be deemed to affect the validity of any other part or portion thereof.

Section 11. Publication and Effective Date

This Ordinance shall be published in the manner provided by law and shall take effect and be in force from and after the earliest date allowed by law. Said Ordinance shall become effective twenty (20) days after publication in the County Press.

Members Present: Burns, Carothers, Dawson, Jenkins, Patterson

Members Absent: Cooper, Davis

Ayes: Dawson, Burns, Carothers, Jenkins, Patterson

Nays: None

Adopted: June 10, 2014 Effective: July 8, 2014

______________________________________

Jim Jenkins, Village President

______________________________________

Katie M. Cotey, Village Clerk

Date Published: June 18, 2014, County Press

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