Town of Rotterdam, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rotterdam 5-23-1990 by L.L. No. 11-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 71.

§ 130-1 Title.

This chapter shall be known as "Fires and Fire Prevention."

§ 130-2 Conflict with state provisions.

Where the provisions of this chapter conflict with any provisions of the Uniform Fire Prevention and Building Code, the New York State Uniform Fire Prevention and Building Code shall apply.

§ 130-3 Applicability.

This chapter shall apply to the territory within the corporate limits of the Town of Rotterdam.

§ 130-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR/CODE ENFORCEMENT OFFICER
The duly appointed Building Inspector/Code Enforcement Officer of the Town of Rotterdam.
[1]
COMMISSIONER
The Commissioner of the New York State Department of Environmental Conservation.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
The New York State Department of Environmental Conservation entrusted with the enforcement of open fires.
FIRE CHIEF
The person holding the Chief Engineer position in any fire district in the Town of Rotterdam.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation and serving of food.
OPEN FIRE
Any outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere.
REFUSE
All waste material, including but not limited to garbage, rubbish, incinerator residue, street sweepings, dead animals and offal.
RUBBISH
Solid or liquid waste material, including but not limited to paper and paper products, rags, trees or leaves, needles and branches therefrom, vines, lawn and garden debris, furniture, cans, crockery, plastics, cartons, chemicals, paint, grease, sludge, oils and other petroleum products, wood, sawdust, demolition material, tires and automobiles and other vehicles and parts for junk, salvage or disposal. "Rubbish" shall not include garbage, incinerator residue, street sweeping, dead animals or offal.
[1]
Editor's Note: Amended at time of adoption of Code; (see Ch. 1, General Provisions, Art. I).

§ 130-5 Open fires.

A. 
Pursuant to 6 NYCRR Part 215 it shall be unlawful for any person or corporation to start any open fire in an open area for the purpose of burning garbage, refuse or rubbish associated with either residential or commercial activities.
B. 
The Town Board of the Town of Rotterdam may, at will, petition the Commissioner to consider open fires in a designated area within the territorial limits of the Town of Rotterdam. The contents of the petition to the Commissioner shall include:
(1) 
Geographical boundaries.
(2) 
Population density.
(3) 
Meteorological characteristics of such area.
(4) 
Materials to be burned.
(5) 
Proposed control methods.
(6) 
Reasons why burning in an open fire should be allowed in such area.

§ 130-6 Bonfires.

It shall be unlawful to start bonfires in streets or other public places.

§ 130-7 (Reserved) [1]

[1]
Editor's Note: Former § 130-7, Fire scenes, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-8 Inspection of public places

[Amended 7-9-2003 by L.L. No. 9-2003]
 The Fire Chief of each district in the Town of Rotterdam and/or any certified volunteer fireman acting as his deputy is hereby authorized to enter into any public building or buildings, grill, tavern, store or any other structure used for business purposes for the purpose of making any observation or inspection of the premises and report any violation of the provisions of this chapter or the New York State Uniform Fire Prevention and Building Code to the Building Inspector/Code Enforcement Officer of the Town of Rotterdam.

§ 130-9 Enforcement.

[Amended 7-9-2003 by L.L. No. 9-2003]
The enforcement of the provisions contained within this chapter is hereby designated to the Town Building Inspector/Code Enforcement Officer and/or any police officer of the Town of Rotterdam.

§ 130-10 Penalties for offenses.

[Amended 6-12-2013 by L.L. No. 7-2013]
Any person, firm or corporation who shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be punished by a fine of no less than $500 nor more than $1,000 or imprisonment for a period not to exceed one year, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed one year, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,500 nor more than $2,000 or imprisonment for a period not to exceed one year, or both. Each day of continued violation shall constitute a separate, additional offense.