§ 92.04 RECREATIONAL FIRES.
   (A)   A RECREATIONAL FIRE is defined as an outdoor fire used for pleasure, religious, ceremonial, cooking, warmth or similar purposes, exclusive of open fires. Unless allowed by one of the following exceptions, it shall be unlawful for any person to have a recreational fire within town boundaries from April 1 through November 30 of each year or when declared by the Mayor with concurrence of at least two Town Council members.
   (B)   Exceptions:
      (1)   Wood burning fire container:
         (a)   Consisting of a freestanding manufactured outdoor fireplace or fire-pit;
         (b)   Constructed of stone, concrete block, concrete, metal, ceramic or other noncombustible material;
         (c)   Shall have burn chambers entirely enclosed by noncombustible solid or spark arresting materials; and
         (d)   Chimneys and/or other smoke and heat discharge areas shall be provided with spark arrestors.
      (2)   Gas-burning fire container:
         (a)   Consisting of a freestanding manufactured outdoor fireplace or fire-pit;
         (b)   Constructed of stone, concrete block, concrete, metal, ceramic or other noncombustible material; and
         (c)   Shall have a burn chamber.
      (3)   Manufactured or permanently constructed barbecue grills (gas or charcoal), designed for food preparation, when in use shall maintain at least the minimum combustible material clearance specified by the manufacturer. If no combustible material clearance is specified, the minimum distance is three feet.
      (4)   All fires must be attended at all times, until fully extinguished with water, turned off or extinguished by other methods resulting in a similar effect.
      (5)   The town reserves the right to issue a one-event, special burn permit with the signature of three Council members.
      (6)   Other “exceptions” may be permitted but must be requested in writing by a current legal home occupant, approved by signature of any two of the following: the Mayor or Town Council, special municipal officer, Public Works Director, Town Administrator and attested by the Town Clerk, a copy of which must be available during the burning period.
      (7)   No exceptions as specified in divisions (B)(1) or (B)(6) above are permitted when the Energy Release Component (ERC), as measured by the Teton Interagency Dispatch Center meets or exceeds an average of 60 over three consecutive days. The Mayor, with concurrence of at least two Town Council members, also have the option of temporarily canceling the exceptions in divisions (B)(1) and (B)(6) above based on other criteria, including, but not limited to:
         (a)   Local fire activity;
         (b)   Lack of firefighting resources;
         (c)   Predicted extreme fire danger or “red flag” conditions; and
         (d)   Fine fuels (grasses) are fully cured out.
   (C)   Note: § 150.060 states “No fires are permitted to dispose of construction material, demolition or yard debris”. This is unchanged and stays in effect.
(Prior Code, § 8.01.040)