(A) Recreational fire restrictions.
(1) It is the intent of the City of Villa Hills, Kentucky that all citizens, property owners and renters shall have the opportunity to have recreational fires at single and multi-family dwellings provided that such recreational fires are in compliance with the requirements and restrictions relating to recreational fires. It is further the intent of the City of Villa Hills, Kentucky that the Police Department, the Crescent-Villa Fire Authority and any Code Enforcement Officer shall enforce these requirements and restrictions so as to insure that such recreational fires do not become a public nuisance or compromise public safety.
(2) A RECREATIONAL FIRE is a fire that meets the requirements and restrictions laid out in this section of the City of Villa Hills Code of Ordinances. If the fire does not meet the requirements and restrictions of a recreational fire, outdoor cooking fire or unrestricted fire then it is deemed a bonfire and subject to permit requirements and restrictions under § 95.04.
(3) Portable fire pits, chimineas, patio hearths, fire tables and other similar devices shall be elevated from the ground and shall be fabricated from steel, concrete clay, or similar non-combustible materials. Permanent fire pits shall be dug into the ground and shall comply with the provisions of this ordinance governing such pits.
(4) Recreational fire requirements and restrictions:
(a) The recreational fire must be fueled by seasoned (i.e., not green) firewood, charcoal, natural gas, propane, or other clean burning fuel, with emissions equal or less than that created by seasoned firewood and all devices must be based upon a non-combustible surface, or a surface protected by a fire retardant mat designed specifically for this purpose.
(b) Material used to make a recreational fire cannot include construction materials, plastics, trash or rubbish.
(c) The recreational fire’s total area (i.e., fuel area, firebox, or the center area of a fire pit where fuel is placed) can be no more than three (3) feet in diameter, height, or width; and no higher than three (3) feet, measured from the location upon which the wood or other fuel source is placed upon to the top of the wood or other fuel source. No burning firewood or other burning fire fueling material shall extend outside the fire pit.
(d) All recreational fires shall be placed at a safe reasonable distance from any structure, ten (10) feet from any flammable or non-portable combustible material when used, and set back a minimum of six (6) feet from adjoining property lines.
(e) The means for extinguishing any fire must be kept immediately available at all times when a recreational fire is burning.
(f) No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause embers or other burning material to be carried onto any building or combustible material; nor any time that wind direction will carry smoke into the open windows of any building. Smoke from any recreational fire shall not create a nuisance for neighboring properties and fires shall be completely extinguished when a police officer, duly authorized Fire Authority member, or Code Enforcement Officer determines a nuisance is present or the fire otherwise compromises public safety.
(g) If a permanent fire pit is used, the construction and use of the permanent fire pit shall, in addition to the above requirements, comply with the following additional requirements:
1. The diameter, width, and height of the pit opening or base upon which the fuel material is placed shall not exceed three (3) feet;
2. The depth of the pit shall be at least one (1) foot; and
3. The top of the rim of the pit shall be lined with rock, concrete brick, steel, or other non-combustible material designed and of a sufficient width to stop the spread of fire.
(B) Outdoor cooking fire restrictions. Outdoor cooking over a fire contained in a device or structure designed for such use is permitted but subject to the following requirements and restrictions:
(1) Material used to make a cooking fire cannot include construction materials, plastics, trash or rubbish.
(2) All cooking devices must be in good working condition to prevent the possible spread of the fire.
(3) Grills on balconies. For all multi-family dwellings other than one- (1-) and two- (2-)family dwellings, regardless of whether such units are rented or owned as a condominium or other form of ownership, no hibachi, gasfired grills, charcoal grills, wood or gasfired fireplaces or stoves, or other similar devices shall be used, fired, burned or kindled on any balcony or under any overhanging portion of any building or structure or within ten (10) feet of any structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted.
(4) No cooking fire shall be started or allowed to continue burning when the wind direction or wind speed will cause embers or other burning material to be carried onto any building or combustible material; nor any time that wind direction will carry smoke into the open windows of any building.
Smoke from any cooking fire shall not create a nuisance for neighboring properties and fires shall be completely extinguished when a police officer, duly authorized Fire Authority member, or Code Enforcement Officer determines a nuisance is present or the fire otherwise compromises public safety.
(5) A fire shall be deemed a recreational fire and not a cooking fire and thus subject to the requirements and restrictions of recreational fires, if, in the reasonable judgment of a member of the Police Department, Fire Authority, or Code Enforcement Officer, the primary use of the fire is recreational in nature and not for cooking.
(C) Unrestricted fires.
(l) The following devices that involve an open fire or flame may be used without restrictions as long as they are used in a safe manner and the use follows the recommended manufacturer’s guidelines: The burning and/or use of: lighters, matches, candles, lanterns, lamps, insect repellent torches, tiki-type torches, cigarettes, cigars, and/or braziers, or any similar devices.
(2) Fires that are lit and burned in an approved furnace or fireplace within an enclosed building are unrestricted and permitted.
(D) Nuisance orders. Members of the Police Department, Crescent-Villa Fire Authority, and any city-authorized Code Enforcement Officer are authorized and shall issue orders to any individual or property owner to immediately extinguish any fire, however classified, including, without limitation, a recreational fire, cooking fire, unrestricted fire, or bonfire deemed to be a nuisance or that otherwise compromises public safety. Members of the Police Department or the Fire Chief, any Assistant Fire Chief, or any designee of the Fire Chief, in the event of a second or subsequent call concerning a recreational fire at a particular address, may issue written orders to the property owner or any individual either prohibiting additional fires or types of fires specified in the orders or permitting additional fires or types of fires specified in the orders with such conditions or restrictions deemed appropriate, for either an indefinite period of time or for a specific period of time specified in the order. Appeal of such orders may be had to the Fire Chief by delivering notice of that appeal to the Fire Chief, who may uphold the order, rescind the order, or modify the order as deemed appropriate in the Fire Chief’s reasonable judgment. Providing a citation has been issued an appeal may be submitted to the Code Enforcement Board. No person shall violate any order issued under this section.
(Ord. 2010-07, passed 12-15-2010) Penalty, see § 95.99