Document Citation: NY CLS Unconsol Ch 201 Sec 1

Header:
NEW YORK CONSOLIDATED LAW SERVICE
UNCONSOLIDATED LAWS
PUBLIC DISTRICTS
CHAPTER 201. FIRE DISTRICTS


Date:
08/31/2009

Document:

ยง 1. [Fire districts; ordinances; hearings; civil, criminal proceedings for violation]

The board of fire commissioners in any fire district heretofore created pursuant to the provisions of former section thirty-eight of the county law where the limits of said district are coterminous with two or more villages and which were continued as then established, subject to the provisions of chapter six hundred and thirty-four of the laws of nineteen hundred thirty-two, may appoint a chief engineer to take charge of and operate the property of such fire district and may fix his compensation and shall have the power after a public hearing to enact, amend and repeal ordinances, not inconsistent with law, applicable to the territory within the district, for preventing and extinguishing fires and regulating conduct thereat; for regulating or preventing the discharge of fireworks and firearms; for regulating the use of inflammable materials and the storing, sale and transportation of such materials and of gunpowder and other explosives; for protecting and preserving the property and apparatus of the department; for preventing damage from fires and protecting property exposed to destruction by fire; for the pulling down, blowing up and removal of buildings and property to arrest fires or extinguish the same, to require safe exits and fire extinguishing equipment to be installed in buildings housing three or more families, for regulating the parking of automobiles and other conveyances in the locality of fire houses and hydrants; for regulating the erection of buildings where extra hazardous business is to be carried on and the carrying on of such business; for regulating the attendance in public buildings and the use of the aisles and standing room for spectators and the erection of fire escapes on all public buildings; and for such other and further purposes as shall tend to provide for the general safety of the persons and property within such district.

The secretary of such fire district shall give notice of such hearing by the publication of a notice in at least one newspaper circulating in said fire district and by posting a copy of such notice in at least five public places in said district, specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once and posted at least ten days prior to the day specified for such hearing. Every ordinance hereafter adopted by the board of fire commissioners of such district, shall be entered in the minutes of the proceedings of such board. A violation of any ordinance adopted by such board of fire commissioners pursuant to this act is hereby declared to be a misdemeanor and such board may provide for the punishment thereof by fine or imprisonment or both. Such board is also empowered to provide civil penalties for such violation and may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any such ordinance, notwithstanding that the ordinance, may provide a penalty or other punishment for such violation.