Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 2-21-2006 by Ord. No. 2006-14. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 111.
Noise — See Ch. 142.
Lighting nuisances — See Ch. 144.

§ 147-1 Open burning restricted.

No person shall start, kindle, cause, allow or maintain any form of open burning of materials on public or private property, except as specifically authorized by this chapter. No person shall allow the accumulation or existence of combustible material that constitutes or contributes to open burning.

§ 147-2 Certain burning permitted.

The following types of open burning are allowed:
A. 
Burning of charcoal, dry, clean untreated wood, and/or other cooking fuels in an outdoor grill; traditional food cooking devices; outside fireplace or chiminea which is constructed of metal, concrete, brick, earth, or other nonflammable substance which is designed to contain burning.
B. 
Fires for recreational or ceremonial purposes, such as a bonfire, if a permit has been issued pursuant to § 147-3 herein by the Fire Prevention Subcode Official.

§ 147-3 Special permit requirements.

A special open burn permit may be granted by the Fire Prevention Subcode Official upon the satisfaction of the following requirements:
A. 
The applicant submits a written request to the Fire Prevention Subcode Official, along with a permit fee of $42, at least 10 days prior to the proposed open burn or fire.
B. 
The written request shall include the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The reason for the request for open burn and the type of event.
(3) 
Date, time and place of proposed open burn.
(4) 
Type of fuel and/or accelerants intended to be used for the burn.
(5) 
Manner by which the applicant intends to extinguish the fire.
(6) 
Names of those persons who shall be creating the fire is mandatory.
(7) 
Any additional information which the Fire Prevention Subcode Official shall find reasonably necessary for the fair determination as to whether a permit shall be issued.

§ 147-4 Conditions for open burns.

Any open burn conducted under the authority of a permit issued pursuant to § 147-3 shall meet the following conditions:
A. 
Only clean, untreated wood or charcoal may be used. Paper or petroleum products can only be used for ignition purposes.
B. 
The fire shall not be ignited more than two hours before the permitted activity is to take place, and shall be extinguished immediately upon the conclusion of the activity.
C. 
The dimensions of the pile to be burned shall be no more than five feet in height, five feet in width, and five feet in length.
D. 
The open burn or fire shall not be utilized for disposal purposes.
E. 
The fire shall not be within 500 feet of a pipeline or fuel storage area.
F. 
All fires shall be no less than 30 feet from the nearest wall of any building, or any wooden structure, and should be no less than 15 feet from any property line, street or alley.
G. 
Fires must be attended at all times until completely extinguished.
H. 
Fire-fighting equipment adequate for the size of the fire shall be on site and within reasonable distance from the fire during the times of burning.
I. 
All burning shall comply with any other federal, state and local laws, rules and ordinances.
J. 
If the fire becomes a nuisance to neighboring properties, or is otherwise unsafe or considered uncontrollable, the fire must be extinguished immediately by the applicant.
K. 
If the Fire Prevention Subcode Official determines on the day of the burn that the weather conditions, including but not limited to, high winds, air stagnation or temperature inversion, are unacceptable for burning, the Fire Prevention Subcode Official shall prohibit any burning whatsoever.

§ 147-5 Enforcement; violations.

A. 
The provisions of this chapter shall be enforceable by the Fire Prevention Subcode Official, the Code Enforcement Officer and/or the Stafford Township Police Department.
B. 
Each subsequent starting, kindling, causing or allowing of a new open burn or fire shall be considered a separate offense under this chapter.
C. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 and not more than $1,250, by imprisonment for a term not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge.
D. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.