(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CLEAN WOOD.” Natural wood which has not been painted, varnished, or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
“FIRE.” A small outdoor fire intended for recreation. The fire must be properly contained as described below in this division (A) and cannot exceed two feet in height.
“PROPER FIRE RECEPTACLE.” Means, but not limited to, chimeneas, commercially purchased patio wood burning units, patio warmers, or other portable wood burning devices that have grated tops and sides which cover the entire fire and do not exceed 36 inches in diameter. Natural gas and propane burning units do not require grated tops and sides.
“PROPER OFFICIAL.” The Butler Fire Chief, Butler Police Chief, Butler police officer, or any other agent authorized by the city to issue a fire permit or inspect a fire receptacle and sign off on a fire permit, or to issue warnings or citations for violations of this section.
“REFUSE.” Any waste material except clean wood or charcoal.
(B) Patio burning units. Patio burning units may be installed and used in the city only in accordance with all of the following provisions:
(1) The patio burning unit shall not be used to burn refuse.
(2) The patio burning unit shall only burn clean wood, charcoal, propane or natural gas.
(3) The patio burning unit shall be located at least ten feet from any combustible materials.
(4) The patio burning unit shall not cause a nuisance to neighbors.
(5) No patio unit shall be allowed to produce a continuous flame over two feet in height.
(6) All patio wood burning units shall be kept in good condition.
(C) Burning permits.
(1) Any person within the municipality of Butler who wishes to have any type of fire must come to the Clerk-Treasurer’s office and complete an application for a permit.
(2) The application must be filled out in its entirety and a fee of $15 paid before the location can be inspected for compliance.
(3) After the applicant has paid for and completed the application, they must then either contact the Butler Fire Department or the Butler Police Department to make arrangements for an onsite inspection of the location where they will burn and the receptacle in which the fire will be located.
(a) The Fire Department can be contacted at 868-2044.
(b) The Police Department can be contacted at 868-2171.
(4) Once it has been determined that the applicant’s fire receptacle complies with this section, the inspecting official will sign the permit and the permit holder will then be allowed to have a proper fire at the authorized location in the authorized receptacle. All burning permits expire on December 31 of the year of issue.
(5) If it is found that the proposed fire receptacle will not comply with this section, it will then be the applicant’s responsibility to correct any deficiencies noted and then contact the city official for a reinspection.
(D) Liability. Any person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs incurred by the Fire Department if it is necessary to put out the fire and any other liability resulting in damage or injury caused by the fire.
(E) Right of entry and inspection. The Fire Chief, Police Chief, police officer or any other designated agent, employee or representative of the city may inspect any property in the Butler city limits for the purpose of ascertaining compliance with the provisions of this section.
(F) Enforcement penalties.
(1) The Fire Chief, Chief of Police or their authorized representatives are authorized to enforce the provisions of this section.
(2) Any person, firm, association, partnership, corporation or governmental entity who or that violates this section may be subject to the following penalties:
(a) A minimum fine of $25, not to exceed $500.
(b) Court costs.
(c) Attorney fees
(3) The City of Butler also reserves the right to revoke a burn permit for any reason.
(G) The application fee shall be deposited into the equipment fund of the department that inspects the location and signs the permit. (Ord. 368, passed 6-4-56; Am. Ord. 1074, passed 12-2-85; Am. Ord. 1184, passed 6-1-92; Am. Ord. 1523, passed 5-3-10)