City of Yonkers, NY Article II Enforcement

§ 59-40 Offenses; penalties.

A. It shall be unlawful for any person, owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or any of their agents or employees:

(1) To fail to provide or to block required access for apparatus, personnel or equipment.

(2) To lock or block an exit door.

(3) To have, use or place illegal locks in premises.

(4) To obstruct egress, including but not limited to exitways, aisles, fire escapes, drop ladders, passageways, stairs and halls.

(5) To have, use or maintain illegal storage.

(6) To improperly store propane or flammable liquids.

(7) To improperly open holes in ceilings or walls.

(8) To utilize illegal wiring or allow illegal wiring to exist, including exposed wires or missing covers.

(9) To fail to install or maintain required smoke detectors.

(10) To fail to properly test sprinklers or otherwise fail to maintain sprinklers in proper condition.

(11) To fail to properly test standpipes or otherwise fail to maintain standpipes in proper condition.

(12) To have windows with broken ropes or chains opening onto fire escapes or windows that will not open.

(13) To leave cock loft scuttles open.

(14) To block open or otherwise fail to keep operational automatic self-closing doors.

B. No person shall raise a false alarm of fire in the City of Yonkers. It shall be unlawful for any person to give or cause to be given a false alarm with intent to deceive or to pull the slide of any station or signal box except in the case of fire.

C. It shall be unlawful to tamper, meddle or interfere in any way with fire-alarm boxes or any part thereof or to cut, break, injure, deface or remove any of said boxes or any of the wires or supports thereof connected with any part of said fire-alarm system or to make any connection or communication therewith so as to interrupt or break or destroy any machinery or fixtures connected with it. No person shall make, cause to be made or possess an impression or duplicate of any signal-box key.

D. Damage to fire equipment. No person shall cut or injure in any manner any hose, fire engine or other apparatus provided for the extinguishment of fires, belonging to or used by the Fire Department. No person shall drive a vehicle over such hose except the driver of a vehicle carrying the United States mail, the driver of an ambulance when conveying any patient or injured persons to any hospital or when proceeding to the scene of any accident by which any person or persons have been injured or any driver of any vehicle who may be permitted to drive over or across any such hose by the officer of the Fire Department in command of the force operating at any such fire and under his direction.

E. Notwithstanding any other provision of the Yonkers City Code, a violation of any of the provisions of this section, of Article IV of this chapter or of § 59-47B shall be an enhanced Class II offense.

F. As provided in this section, an enhanced Class II offense shall be subject to:

(1) Criminal penalties: An enhanced Class II offense is a violation subject to a fine of not less than $200 nor more than $1,000, imprisonment of not more than 15 days, or both; and

(2) Civil penalties: An enhanced Class II offense is subject to a civil penalty of not less than $500 nor more than $7,500.

G. Except as provided in Subsections E and F, a violation of this chapter shall be a Class II offense.

H. A person who owns a building, structure, lot or land or part thereof where a violation of this chapter or the New York Uniform Code exists and any person who has assisted in the commission of any violation shall each be separately responsible for the violation and shall each be liable for all code enforcement, civil and criminal remedies and penalties provided in this chapter.

§ 59-41 Order to eliminate dangerous or hazardous conditions.

The Fire Department shall issue an order to eliminate dangerous or hazardous conditions whenever any of the officers, members or inspectors of the Fire Department find in any building or upon any premises dangerous or hazardous conditions or materials as follows:

A. Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.

B. Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.

C. Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.

D. Accumulations of dust or waste material in an air-conditioning or ventilating system or of grease in kitchen or other exhaust ducts.

E. Obstructions to or on fire escapes, stairs, halls, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.

F. Any condition that constitutes a fire hazard or any building or other structure which, for want of repairs, lack of adequate exit facilities, automatic or other fire-alarm apparatus or fire-extinguishing equipment or by reason of age or dilapidated condition or from any other cause, creates a hazardous condition.

G. Using of open-flame candles or kerosene lanterns for decorative or artificial lighting.

H. The use of barbecue apparatus or any cooking appliances on building terraces, fire escapes, halls or cellars or any other place that constitutes a fire hazard.

§ 59-42 through § 59-43. (Reserved)