(A) Open burning for campfires and outdoor cooking is permitted without any burning permit if performed in an approved container constructed of steel, brick, or masonry.
(B) Open burning in approved portable containers and outdoor fireplaces is permitted.
(C) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIRE PIT. Defined to include belowground pits, freestanding fireplaces, and portable devices intended to contain and control outdoor fires.
(D) Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions, or when atmospheric conditions or local circumstances make such fires hazardous, shall be prohibited.
(E) Prohibited burning in public places. Burning in any outdoor fire pits is prohibited on any property owned by the Town of Spencer unless approved by the Fire Chief. Any outdoor cooking on approved grills will be permitted.
(F) Hours of operation. A person shall not maintain any outdoor burning from midnight to 7:00 a.m., unless permitted and approved by the Fire Chief. Outdoor cooking will be permitted during these hours.
(G) Extinguishment authority. The Spencer Fire Department is authorized to order the extinguishment by the responsible person of any burning that creates or adds to a hazardous or objectionable situation.
(H) Fire pits.
(1) All belowground fire pits shall be at least four inches in depth and shall be surrounded on the outside aboveground by a non-combustible material such as steel, brick, or masonry. The fire pit cannot exceed three feet in diameter. Nor may the fire pile exceed two feet in height.
(2) Fire pits must be used in accordance with the manufacturer’s specifications and the following regulations:
(a) Only natural firewood and/or commercial logs may be burned. Burning of leaves, yard waste, paper, cardboard, garbage and similar items is not permitted;
(b) All fire pits must be located away from any structure or combustible material;
(c) Belowground fire pits and freestanding fireplaces must be located at a minimum of 25 feet away from any structure or combustible material;
(d) Portable fire pits must be located at a minimum of 15 feet away from any structure or combustible material;
(e) The fire must be constantly attended and supervised until the fire has been completely extinguished; and
(f) A portable fire extinguisher or other approved extinguishing equipment, such as a garden hose of sufficient length, must be readily available.
(Ord. 10-12, passed 11-9-10) Penalty, see § 93.99