No person shall throw or deposit any ice, snow,
dirt, sand, gravel, brick, stone, lumber or other material or rubbish
upon, near or about any fire hydrant so as to hinder, obstruct or
delay free access thereto.
No person shall meddle or in any way interfere
with fire alarm signals or break, injure, deface or remove any part
of said box or any part thereof connected with said fire alarm telegraph
or make any connection or communication therewith so as to interrupt
or interfere with the proper working of the same or with intent to
injure, break or destroy any machinery or fixtures connected therewith.
No person shall knowingly give or assist in
giving a false alarm of fire, either by firing any material or substance
for the purpose of creating such false alarm or by false cries of
fire or by pulling or interfering with any fire alarm box or apparatus
for the purpose of giving a notification of fire to the Fire Department.
No person shall have in his possession in any
barn, stable, shop or other building where hay, straw, shavings or
other combustible materials shall be stored, kept or deposited any
lighted or burning torch, light or other material, unless the same
is securely enclosed or shall be kept so enclosed during the time
when such lighted or burning thing shall be in such building.
It shall be unlawful for any person to light
or smoke any pipe, cigar or cigarette while in a building where hay,
straw, shavings or other combustibles are stored, kept or deposited.
No person shall throw, drop or place any lighted
match, cigar, cigarette or any burning fragment or part thereof or
any burning content of any pipe in, upon or through any grating in
any sidewalk or any window of any building or into any accumulation
of combustible material adjacent to any building.
It is the intent of this section to protect
the general health, welfare and safety of the people of the Village
of Endicott by prohibiting open fires, which are dangerous to life
and property.
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking 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;
plastic; cartons; chemicals; paint; grease; sludge; oils and other
petroleum products; lumber; sawdust; demolition materials; tires;
and automobiles and other vehicles and parts for junk, salvage or
disposal.
B. Prohibited burning. The following fires are prohibited
in Endicott:
(1) The burning of garbage, refuse and rubbish in any
manner is prohibited.
(2) All open fires are prohibited in Endicott, with the exception of those in conformity with the provisions of §
138-7C of this article.
(3) Open burning for outdoor cooking is prohibited in
or on multiple-dwelling structures.
C. Permitted burning. Burning in an open fire, provided
that it is not contrary to any other federal, state, county or local
law, ordinance, rule or regulation, will be permitted as follows:
(1) Bonfires. Bonfires shall be permitted only for a publicly
sponsored celebration or event, or for an organization-sponsored event,
or for a public or private school-sponsored event, and shall be subject
to meeting all requirements of the bonfire permit application obtained
from and filed with the Fire Marshal's office, prior to any bonfire
being lit and taking place. No fire shall be ignited prior to an on-site
inspection of the location where the bonfire is to take place and
shall be subject to any and all conditions or restrictions the Fire
Marshal's office may impose for the safety of life and property, nor
shall any fire be ignited prior to the issuance of a bonfire permit
issued by the Fire Marshal's office. The Fire Department shall be
notified prior to igniting any said bonfire permitted by the Fire
Marshal's office.
(2) Outdoor cooking. Open burning will be permitted for
outdoor cooking when the fire is limited to the minimal size necessary
and contained in a device or cooking utensil commonly referred to
as a "grill" or "hibachi" and designed for outdoor cooking purposes.
All applicable and/or reasonable safety precautions shall be taken
when using said devices or utensils.
(3) Recreational fires or campfires. Small recreational
fires or campfires shall be permitted only when all of the following
are adhered to:
(a)
When the fire is contained to a device designed
to hold a small fire, such as an outdoor fireplace, or commercially
manufactured steel or ceramic portable fireplace, and used according
to the manufacturer's directions.
(b)
Said fire is solely for a recreational purpose.
(c)
Said fire is placed no closer than 25 feet to
any structure or property line.
(d)
Said fire is properly attended and controlled
at all times by a responsible party with appropriate fire extinguishing
equipment readily available.
(e)
Said fire shall not present a safety hazard
to life or property, nor create a nuisance.
D. Control of fires within the Village. If, in the opinion
of the Fire Marshal or the Fire Chief, weather conditions are such
that the starting or the continuation of burning is a risk to life,
health or property within the Village, he/she shall have the right
to declare that any and all burning shall cease immediately until
further notice.
E. Enforcement. The Fire Marshal and such fire-fighting
personnel as he or she shall designate are hereby vested with authority
to enforce the provisions of this section. The Fire Department is
hereby authorized to extinguish any open burning fire being conducted
in violation of any of the provisions of this section.
F. Penalties for offenses.
(1) Any violation by a person, firm or corporation of
any provision of this section shall be deemed a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or both.
(2) Any person who takes part in or assists in any violation
of this section shall also be subject to the penalties provided herein.
(3) Each day (twenty-four-hour period) that a violation
of this section is committed or permitted to exist shall be deemed
to constitute a distinct and separate violation.