(A) No person shall use, permit the use of, or store a barbecue grill, hibachi, or any other device or appliance capable of providing an open flame for the purpose of cooking on any balcony, porch, or rooftop located above the grade level of any residential structure having more than three units including but not limited to, apartments, condominiums, hotels, motels, boardinghouses, and similar structures or use, permit the use of, or store a barbecue grill, hibachi, or any other device or appliance capable of producing an open flame for the purpose of cooking on an open area at grade level of such structure unless there is a minimum horizontal distance of at least 15 feet from the nearest balcony or overhanging appendage or structure.
(B) No person shall store or permit the storage of a propane tank in the interior area of any unit of a structure as described in division (A) of this section or on any balcony, porch or rooftop located above the grade level of said structure or on an open area at grade level of such structure unless there is a minimum horizontal distance of at least 15 feet from the nearest balcony or overhanging appendage or structure.
(C) If a barbecue grill, hibachi, any other device or appliance capable of producing an open flame for the purpose of cooking or any propane tank is used, permitted to be used or stored contrary to the provision of division (A) or division (B) of this section, there shall be a rebuttable presumption that the person or persons entitled to possession of the premises as owner or tenant is the person using, permitting the use of, or storing said barbecue grill, hibachi, other device or appliance capable of producing an open flame for the purpose of cooking, or propane tanks.
(D) No person shall lease or rent or sell any apartment or condominium unit in any residential structure having more than three units without providing the tenant or buyer with a copy of this section.
(E) Except as otherwise provided in this division, a violation of this section is a minor misdemeanor. If the offender persists in a violation of this section after a warning or request to desist or has previously been convicted of a violation of this section, then a violation of this section is a misdemeanor of the fourth degree.
(Ord. 00-115, passed 11-7-00)