§ 7-1. Fire pits, chimineas, outdoor fireplaces.
(a)
Definitions . The following definitions shall be used for the provisions of [this section].
Attended . Under the personal supervision of an adult over the age of 18 who shall remain at the location of the fire until the fire is thoroughly extinguished.
Chiminea . Portable devices, as defined by the manufacturer, intended to contain and control outdoor fires and which emit smoke or products of combustion from an enclosed chamber through a stack, chimney, duct, flue or pipe.
Fire pit . Portable devices, as defined by the manufacturer, intended to contain and control outdoor fires; permanently or temporarily constructed above-ground and below ground pits intended to contain and control outdoor fires.
Nuisance . Any odor, emission, or event that prevents the reasonable use and enjoyment of one's property.
Outdoor burning device . Any chiminea, fire pit, outdoor fireplace as defined in this section.
Outdoor fireplace . Portable devices, as defined by the manufacturer, intended to contain and control outdoor fires which may be open in design or which emit smoke or products of combustion from an enclosed chamber through a stack, chimney, duct, flue or pipe; permanently constructed devices intended to contain and control outdoor fires which may be open in design or which emit smoke or products of combustion from an enclosed chamber through a stack, chimney, duct, flue or pipe.
(b)
Use of fire pit . The primary purpose of the fire must be for cooking unless a burning permit is obtained from the city fire department and all relevant conditions of such permit are adhered to. Cooking fires must be reasonable in size. Use must also comply with general requirements for all outdoor burning devices as stated in subsection (e) of this section.
(c)
Use of chiminea . The primary purpose of the fire need not be for cooking and a burning permit is not required. Use must also comply with general requirements for all outdoor burning devices as stated in subsection (e) of this section.
(d)
Use of outdoor fireplace . Unless the outdoor fireplace emits smoke or products of combustion from an enclosed chamber through a stack, chimney, flue or pipe, the primary purpose of the fire must be for cooking unless a burning permit is obtained from the city fire department and all relevant conditions of such permit are adhered to. Cooking fires must be reasonable in size. If the outdoor fireplace emits smoke or products of combustion from an enclosed chamber through a stack, chimney, duct, flue or pipe the primary purpose of the fire need not be for cooking and a burning permit is not required. Use must also comply with general requirements for all outdoor burning devices as stated in subsection (e) of this section.
(e)
General requirements for all outdoor burning devices . All use of outdoor burning devices must be attended, conducted during periods of good atmospheric ventilation and without causing a nuisance. If the city fire department receives a complaint that the smoke or product of combustion emitted from an outdoor burning device is causing a nuisance, the fire department will investigate and if necessary, have the fire extinguished.
The outdoor burning device may only be upon a flat surface of sandy or gravelly land or otherwise non-combustible material free from living or dead vegetation. Any permanently constructed outdoor burning device may be constructed using only non-combustible materials.
The outdoor burning device shall not be located within 20 feet of any structure and shall not be used on decks and porches.
For those outdoor burning devices in which wood is burned, only the burning of aged dried wood is permitted.
Burning of grass, hay, leaves, stumps and tires is prohibited. The burning of any type of construction material or trash is prohibited.
(f)
Penalty . The city fire department, through its agents and employees, is hereby empowered to enforce the provisions of this section pursuant to M.G.L.A. c. 40 § 21D and M.G.L.A. c. 111 § 31C. Whoever violates the provisions of this section shall be penalized by non criminal penalty of $50.00 for the first offense, $75.00 for the second offense and $100.00 for the third and each subsequent offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
(Ord. No. 1683, 7-5-18)