(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Manchester, NH.
CODE. The City of Manchester, NH Code of Ordinances.
COOKING FIRE. Any ignited heat source for cooking, including but not limited to, barbecue, brazier, torch, grill, propane or gas grill, hibachi, pellet stove, fire pit, spit, smoker or similar heating or cooking device being used for heating, smoking or cooking of food.
DEEP-PIT BARBECUE. The method and any constructed item for barbecue cooking meat below the surface of the earth.
FIRE. Its ordinary definition but shall not include candle flames, lighter flames, match flames, cigarette flames, cigar flames, or pipe flames.
(B) Prohibitions. It shall be unlawful for any person to start, ignite, kindle, cook with any fire, cooking fire, or deep-pit barbecue on any property owned or operated by the city without express written permission of the Board of the Mayor and Aldermen or its designee. Any person permitted under this provision shall keep a copy of said written authorization available for immediate inspection by any agent of the city and shall provide a copy of said written authorization upon the request of any agent of the city. Any permitted fire, cooking fire, or deep pit barbecue shall be constantly attended by the authorized person or that person's agent.
(C) Exceptions. No person shall be cited for a violation of this provision if the person is an employee, volunteer, or official of the City of Manchester acting in their official capacity and performing their official duty or acting at the request of a Department Head or elected city official. No employee, owner, patron, or operator of any person, business, or entity holding a current and valid permit or license under any other provision of the code shall be cited for violating this provision where their actions are part of the license holder's regular course of business and this fact was known to the city at the time the license or permit was issued.
(D) Authorization. Any authorization granted by the Board of Mayor and Aldermen or its designee shall be in writing, shall specify the duration of said permission, and the specific area where the fire, cookfire, or deep-pit barbecue may be located. The Board of Mayor and Aldermen or its designee may attach any other conditions to an authorization that the Board of Mayor and Aldermen or its designee may deem to be appropriate or prudent for the safety and well-being of the city, including but not limited to requiring insurance as set forth in § 115.60 of the Code of Ordinances and dictating the manner of storage and location of any fuel for the permitted fire, cooking fire, or deep-pit barbecue.
(E) Penalty. Any person who violates this provision shall be fined under the provisions of § 10.99 (a fine up to $1,000).
(Ord. passed 11-10-20)