(A) Scope. The provisions set forth in this section are general regulations for the prevention of fire. The regulations are to be applied to all properties in the City.
(B) Permits required. A person shall not kindle or maintain any open fire or authorize any such fire to be kindled or maintained on any premises without having obtained a permit or other authorization from the Department of Public Safety. All permits shall be requested by and issued to the owner of the land upon which the fire is to be kindled. No person shall burn leaves, weeds, grass, rubbish, brush, or debris in any place or in any quantity or in any manner so as to endanger surrounding property. No person shall kindle any fire in or upon any paved street or paved public way.
(C) Location restricted.
(1) A person shall not kindle or maintain any fire or authorize any fire to be kindled or maintained unless:
(a) The location is at least 25 feet away from any structure, and adequate precautions are taken to prevent the fire from spreading to any structure; and
(b) The fire is contained in a secure burner with a screen of no larger than 1/4 mesh located at least 25 feet from any structure.
(2) The Department of Public Safety may inspect and disapprove any proposed location or container as unsafe.
(D) Bonfire material. Bonfires shall be limited to ceremonial occasions of recognized community organizations. Fuel for open bonfires shall consist of seasoned dry wood and a small quantity of paper to ignite the fire. Bonfires shall not contain rubbish, garbage, trash, rubber, plastic, leather, petroleum based materials, flammable liquids, combustible liquids, or any other materials that produce noxious fumes or odors when burned. The quantity of wood to be burned may be limited or restricted by the Department of Public Safety based upon the fire safety requirements of the situation, including the size and duration of the fire. No bonfire shall be kindled, maintained or allowed to burn between the hours of 11:00 p.m. local time and 7:00 a.m. local time. It will be the responsibility of the person obtaining the permit to comply with this division.
(E) Attending fires. All open fires shall be attended constantly by a competent person until such fire is extinguished. Fire extinguishing equipment shall be readily available.
(F) Prohibited burning. The Department of Public Safety may prohibit all burning in the City which is deemed offensive, hazardous, or objectionable due to smoke, ash, or odor emissions. The Department of Public Safety may ban all burning in the City due to atmospheric conditions or local circumstances tending to increase the hazards associated with fires.
(G) No burn area. There shall be no burning of any type in the area one-half block west of State Street to one-half block east of Warren Avenue from Linden Street, north to the river, as depicted on the map attached to Ord. 341-9-93, passed 10-4-93.
(H) Burning of brush and leaves. The burning of leaves is prohibited. Brush, trees, and logs may be burned only with a permit and in a location as specified in division (C) of this section.
(I) Barbecues permitted. This section does not prohibit the use of open fires in stationary or portable enclosures designed and used for the purpose of food preparation nor does it require the obtaining of a permit for such fires.
(J) Penalty. Any person convicted under the provisions of this section shall be subject to a maximum penalty of 90 days in jail or an equal amount of time of community service, or any combination thereof not exceeding 90, plus $100 fine, plus costs of prosecution, plus mandatory restitution to victims.
('88 Code, Title IX, Ch. 113, § 9.183) (Am. Ord. 341-9-93, passed 10-4-93; Am. Ord. 360-6-94, passed 6-20-94; Am. Ord. 562-01-06, passed 1-3-06)