§ 90.02 FIRE PREVENTION AND PROTECTION; MAINTAINING OPEN FIRES.
   (A)   Burn permits. It shall be unlawful for any person, at any time, to ignite or maintain a fire out-of-doors without having first obtained a written permit signed by authorized city personnel, the city Fire Chief or his or her designee. Regulations governing issuance of open fires shall be adopted by resolution. Permits for open fires shall be issued in accordance with adopted regulations with the following excepted:
      (1)   Confined fires. Out-of-doors fires confined to an incinerator covered with wire grating and so built as to meet requirements of the State Fire Marshal are specifically allowed at all times.
      (2)   Fire pits. Out-of-doors open fire pit fires are allowed at all times provided that:
         (a)   The fire pit is located on private property;
         (b)   The fire pit is made of noncombustible material such as rock or brick;
         (c)   The fire pit has a 15-feet diameter around the pit which is noncombustible;
         (d)   Water of sufficient quantity for fire suppression, a hose and a shovel must be in the immediate vicinity of the fire pit at all times that a fire is present; and
         (e)   The fire must have a person in attendance over the age of 18 years at all times that a fire is present.
   (B)   Large burns. It shall be unlawful for any person, at any time, to ignite or maintain a fire out-of-doors on a vacant lot or any burn anticipated to be larger or of a longer duration than normally conducted on an occupied lot without having first obtained a written permit signed by the Rockaway Beach Fire Chief or his or her designee. Such a burn may require a visual inspection by the Fire Chief or his or her designee prior to issuance of a permit.
   (C)   Restrictions. Burn permits issued under this section may contain safety conditions and restrictions as may be required by the issuing authority.
   (D)   Beach fires. Beach fires are allowed at all times provided that the fires are:
      (1)   At least 50 feet from any beach grass;
      (2)   Are not in or near combustible log piles; and
      (3)   Are built on sand or rock.
   (E)   Sale of fireworks. It shall be unlawful for any person, firm or corporation to sell consumer fireworks as defined in O.R.S. 480.111, within the City of Rockaway Beach.
   (F)   Use of fireworks. Except as authorized under permit of the Oregon State Fire Marshal, it shall be unlawful for any person to shoot or discharge fireworks within the City of Rockaway Beach.
   (G)   Restriction or banning. Notwithstanding any other provision herein, the Fire Chief of the city or his or her designee, shall have the authority at any time to restrict or ban any type of fire or burn within the city when, in his or her sole discretion, conditions exist which make out-of-doors fires unsafe, or create a nuisance which is a threat to public health, welfare and safety.
(Prior Code, Ord. 95-324, passed 1-11-1995; Am. Ord. 96-340, passed 12-11-1996; Am. Ord. 23-443, passed 7-12-2023) Penalty, see § 90.99