(A) Open burns are prohibited unless a permit is obtained from the Fire Chief or, in his or her absence, an appointed representative.
(B) Upon obtaining a permit, open burns shall be limited to the following specifications:
(1) Only limbs, prunings, natural growth and other wood products are permitted to be burned, except for treated lumber (pressure treated railroad ties).
(2) Open burns of vegetative matter grown on the premises in the course of agricultural operations, when it can be shown that such open burning is necessary and that no fire hazard will occur, provided the person intending to dispose of vegetative matter by open burning obtains approval from the Fire Department which has jurisdiction.
(3) Open burns must be contained within a wire, metal, concrete, or similar non-flammable container or enclosure with a wire or metal cover sufficiently ventilated to induce proper combustion. Open burning is only permitted during the hours of 9:00 a.m. to 7:00 p.m.
(4) Open burns are only permitted during favorable weather conditions at the discretion of the Fire Chief and/or his or her officers.
(5) Open burns must be at least 20 feet from any structure or trees.
(6) The Fire Chief and/or his or her officers can terminate any open burn at any time, if the open burn is considered a nuisance.
(7) All open burns must be attended to at all times with a reliable water source close at hand.
(C) Burning of any fuels, plastics, garbage or other non-wood based material is prohibited.
(D) Permits for open burns must be kept at hand with the attendee of the burn.
(E) The Fire Chief has discretion to issue burn permits for open burns that violate this section under special circumstances (i.e. ceremonies, school events, etc.).
(F) No person shall start, kindle, cause, allow or maintain any form of open burning of fuels, materials, rubbish or trash burning on private or public property, except if specifically authorized by this code.
(G) No person shall burn or cause to be burned any leaves, grass, tree limbs, branches, paper, rubbish or trash upon any street, alley, or sidewalk within the city.
(H) Definitions. For purposes of this section, the following definition shall apply.
FIRE PITS. A permanently affixed outdoor fire receptacle and a portable fire receptacle.
FIRE PIT REGULATIONS. Regulations governing the use of fire pits and outdoor fireplaces to insure safety, prevent fires and minimize nuisance to neighbors.
OPEN BURNS. Any fire or smoke-producing activity that is conducted for use of disposing of materials in a place other than an indoor or outdoor fireplace, or fire pit, or to be permitted under this section for special circumstances.
OUTDOOR FIREPLACE. An enclosed and permanently affixed outdoor fire receptacle, which incorporates affixed chimney or flue, and is constructed of brick, rock or other masonry.
(I) The use of fire pits and outdoor fireplaces (collectively “fire pits” hereafter) are to conform with the following regulations:
(1) Fire pits cannot be used between the hours of 1:00 a.m. and noon.
(2) The fire must be contained in a non-combustible receptacle made of cement, brick, clay or sheet metal with a minimum 18 gauge thickness.
(3) The fire box must be covered with heavy gauge metal screen with openings not larger than 13 mm (1/2 inch) to contain spark.
(4) The size of the fire box shall not exceed 1.016 meter (40 inches) in any dimension.
(5) The fire pit must be located a minimum of 6 meters (20 feet) from any combustible material, such as buildings, porches and decks.
(6) The use of the fire pit shall not cause any building fire alarm system to activate.
(7) Fire pits cannot be placed on combustible decks or apartment balconies.
(8) Fire pits must be situated on a non-combustible surface.
(9) Fire pits shall be clear of overhangs, such as tree branches, utility lines and structures, including tents and canopies.
(10) Fire pits must be attended and supervised by a competent adult property owner/resident/tenant until the fire has been completely extinguished. A legal resident/tenant of a property may use a fire pit in accordance with this section as long as the property owner or assigned management company grants written permission to the legal resident/tenant.
(11) Any person who uses a fire pit shall have means of extinguishing the fire readily accessible at all times (garden hose nearby, 10# Class ABC fire extinguisher).
(12) The only permitted fuels are charcoal, seasoned fire wood or manufactured logs.
(13) Materials that cannot be burned include, but are not limited to: waste including rubbish or scrap, slimes, manure, treated or painted lumber, livestock or animal carcasses, tailings, garbage, garden refuse or scrap, any hazardous material or dangerous good, or any material that generates black smoke or an offensive odor, including insulation from electrical wiring, rubber tires, asphalt shingles, hydrocarbons, plastics and lumber treated with wood preservatives.
(14) Fire pits must be extinguished if smoke causes an unreasonable interference with the use and enjoyment of another person’s property.
(15) Fire pits shall not be used in windy conditions where wind speed exceeds 15 miles per hour.
(16) In the event the Fire Chief, County Commissioners, or State Fire Marshal issues a burn ban, the use of the fire pits will be prohibited.
(J) Penalties. Violation of this section shall result in a fine no less than $25 and not to exceed $75 for the first offense. If a second offense occurs within one year, the fine shall be no less than $100 and not to exceed $500. Each subsequent offense, if occurring within one year of second offense, shall result in a fine of no less than $1,000 and not to exceed $2,500.
(Ord. 17-2003, passed 12-15-03; Am. Ord. 15-2012, passed 9-17-12)