(a) No person shall kindle or maintain any bonfire or rubbish fire (including but not limited to trash, shrubs, trees, litter, motor oil, combustible or flammable liquids, wooden pallet, construction waste product or any other materials) within the limits of the town.
(b) Cooking fires located on the beach shall be permitted, provided:
(1) The beach cooking fire shall be fueled by propane or butane within a self-contained cooking apparatus;
(2) The beach cooking fire shall not be located within 25 feet seaward of the dune or vegetation line; and
(3) The fire shall be constantly attended by a competent person until the fire is extinguished.
(c) Cooking fires not located on the beach shall be permitted, provided:
(1) The cooking fire shall be contained within the confines of a BBQ grill or similar device used solely for cooking purposes;
(2) The cooking fire shall only be fueled by charcoal, natural wood (no lumber or construction materials), propane, natural gas, or butane within the self-contained cooking apparatus; and
(3) The cooking fire must be a minimum of ten feet from any structure or combustible material.
(d) Recreational beach fires are allowed by permit only and must be in compliance with the following restrictions:
(1) Beach fires will only be permitted during non-turtle nesting season (November February).
(2) Beach fires shall only be allowed in town- designated beach fire pits.
(3) Permittee must be 21 years of age or older.
(4) Proof of driver's license or state-issued ID card will be required to obtain a permit.
(5) Permittee will be responsible for all individuals attending the beach fire activity.
(6) Permittee must be on site at all times during the scheduled date and time listed on permit.
(7) A copy of the permit (paper or digital) must be on site during the scheduled date and time and presented upon the request of a Fire Official or Police Officer.
(8) The maximum number of attendees allowed at a beach fire shall be stated on the permit.
(9) Beach fire must be fueled only by commercially purchased seasoned dry firewood or artificial logs. NO EXCEPTIONS.
(10) The use of flammable and/or combustible liquids to ignite or fuel fires is prohibited. A solid fire starter must be used to ignite the fire.
(11) The use of beach driftwood, lumber, plywood, pallets, creosote treated lumber, glue impregnated material, plastic, foam, rubber, household trash, trees, Christmas trees or any wood that is painted, has nails, pressure treated, or such is PROHIBITED. Any violations found will result in immediate revocation of permit and the fire will be immediately extinguished. In addition, violators may be subject to penalties, up to and including fines, cleanup costs, total loss of deposit, and denial of future beach fire permits.
(12) Vegetation or materials located within the beach park or on the beach are not allowed to be taken, damaged, or used as material to burn. Any violations may be subject to criminal penalties.
(13) Beach fires shall not exceed three feet in flame height. Anything greater shall be considered a bonfire, which is prohibited.
(14) Extinguishment material such as a bucket of water or sand and a shovel must be readily available on site at all times during the fire.
(15) The town, through any of its applicable departments, reserves the right to cancel or revoke any permit if the town believes a violation or unsafe conditions are present.
(16) All beach fires must be thoroughly extinguished, cooled down and cleaned up prior to end of the permitted time. The beach fire site MUST BE FULLY CLEANED prior to your departure. A Town-supplied metal container is to be used for removal of any leftover material. At no time should warm embers be placed in any trash receptacles. The fire pit must be leveled to return the beach to its previous status. MATERIAL AND/OR ASH SHALL NOT BE BURIED IN THE SAND, THROWN IN THE OCEAN OR PLACED IN PLASTIC GARBAGE RECEPTACLES AT THE BEACH. Beach fire sites will be inspected post cleanup. Failure to clean the site will result in a total loss of deposit, and permit holder may be banned from future beach fires.
(17) Smoke complaints may result in the fire being required to be extinguished.
(18) Unsuitable wind or weather conditions may result in the fire being required to be extinguished.
(19) Anytime the state or county has issued a red flag warning or a drought exists, no permits will be issued and permits will be canceled. For cancellations made by the town based on these conditions, the town may issue a refund or offer another day to the permittee as an option.
(20) Should the permittee cancel their event for any reason, other than for severe weather or safety-related issues, refunds may not be issued.
(21) Beach fire permits are subject to public record request.
(22) The amount of the permit fee and deposit shall be determined by the Town Commission.
(23) The permit shall state the date and the time period it is valid for.
(e) Recreational fires located on a residential or commercial property, shall be permitted, provided:
(1) The recreational fire shall be contained within the confines of a metal or masonry pit outdoor fireplace, portable outdoor fireplace, or similar device not greater than nine square feet fire box area for pleasure, religious, ceremonial, warmth or similar purposes.
(2) Flame height not greater than three feet. Anything greater shall be considered a bonfire which is prohibited.
(3) The recreational fire shall only be fueled by charcoal, natural wood (no lumber or construction materials), propane, natural gas, or butane.
(4) The burning of other materials including but not limited to lumber, plywood, pallets, creosote treated lumber, glue impregnated material, plastic, foam, rubber, household trash, shrubs, trees, Christmas trees, litter, motor oil combustible or flammable liquids or any wood that is painted, has nails, pressure treated or such is considered a rubbish fire which is PROHIBITED.
(5) The recreational fire must be a minimum of ten feet from any structure or combustible material.
(6) Must have a method to put out the fire (such as a hose or fire extinguisher) capable of total extinguishment of the burn area.
(7) Must have an adult in attendance at all times until extinguished.
(8) Smoke complaints may result in the fire being required to be extinguished.
(9) Violations of the above are subject to fines, penalties, and the fire will be immediately extinguished.
(10) Anytime the state or county has issued a red flag warning, or a drought exists, or if weather conditions are such that an open fire would present a hazard to life or property the Fire Chief or his designee is authorized to require that the fire will be immediately extinguished. Failure to comply can result in fines and penalties.
(Ord. 87-14, passed 9-22-87; Am. Ord. 2021-05, adopted 11-17-21)