[HISTORY: Adopted by the Town Board of the Town of Frankfort 9-18-1990 by L.L. No. 5-1990; amended in its entirety 5-14-1991 by L.L. No. 3-1991. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention and Building Code — See Ch. 38.
As used in this chapter, the following terms shall have the meanings indicated:
AREA
The total area in the Town of Frankfort, excluding any territory lying within the limits of any incorporated village therein.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons.
No person shall kindle or maintain any bonfire or knowingly furnish the materials for any such fire or authorize or permit any such fires to be kindled or maintained or burned or cause to be burned any wastepaper, hay, grass, weeds, litter, excelsior, shavings, trash, wood or lumber, leaves, straw or any other combustible material in any street, highway, alley or sidewalk or on any public property, vacant lot or privately owned property of any type in the Town of Frankfort.
No person shall kindle any fire or furnish materials for any fire nor in any way authorize or allow any fire to be made or in any way assist in making any fire in any field or other tract of land situated in the Town of Frankfort for the purpose of clearing said field or tract of standing brush, grass or other matter.
No person other than a duly authorized solid waste management facility, as set forth in Chapter 88 of the Code of the Town of Frankfort, shall kindle any fire or furnish materials for any fire nor in any way authorize or allow any fire to be made or in any way assist in making or maintaining any fire for the burning of solid waste on any property, be it public or private, within the Town of Frankfort. "Solid waste" shall mean all putrescible and nonputrescible solid wastes, including but not limited to materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as manufacturing by-products, including but not limited to garbage, refuse, industrial, commercial and agricultural waste sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue and demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the Commissioner of Environmental Conservation.
No person shall kindle or maintain any outdoor fire except a barbeque fire or a fire for the cooking of food, and then only in a fireplace or other fireproof container or fire pit, and shall not locate the same near or adjacent to any flammable material or structures so as to cause a fire hazard.
Any person who commits or permits any acts in violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than $50 or more than $250 or imprisonment not exceeding 10 days, or to both such fine and imprisonment. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.