[Added 6-7-2012 by Ord. No. O-6-2012]
A person shall not cause or allow burning unless approved in
accordance with this article.
The words herein defined shall have the meanings indicated for
the purpose of this article as follows:
An outdoor fire utilized for ceremonial purposes.
Fuel for a fire shall consist only of seasoned dry firewood
and shall be ignited with a small quantity of paper. The fire shall
not be utilized for waste disposal purposes, and the fuel shall be
chosen to minimize the generation of air contaminants.
The burning of any materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. For the purpose of this
definition, a chamber shall be regarded as enclosed, when, during
the time combustion occurs, only apertures, ducts, stacks, flues or
chimneys necessary to provide combustion air and permit the escape
of exhaust gas are open.
An outdoor fire utilized to cook food for human consumption.
A.
Allowable burning. Open burning shall be allowed without prior notification
to the Fire Marshal for recreational fires, highway safety flares,
smudge pots and similar occupational needs.
B.
Approval required. Open burning shall be allowed after obtaining
approval from the Fire Marshal for a bonfire.
C.
Permit. All permits shall be requested by and issued to the owner
of the land upon which the bonfire is to be kindled.
D.
Application. Applications for open burning shall be submitted in
writing at least 10 days before the fire is set and shall be in such
form and contain such information as required by the Fire Marshal.
Such applications shall contain, as a minimum, information regarding
the purpose of the proposed burning, the nature and quantities of
material to be burned, the date when such burning will take place,
the location of the burning site and the on-site fire-extinguishing
equipment to be provided.
E.
Location. The location for any open burning shall not be less than
50 feet (15,240 mm) from any structure, and provisions shall be made
to prevent the fire from spreading to within 50 feet (15,240 mm) of
any structure. Fires in approved containers shall be permitted, provided
that such fires are not less than 15 feet (4,572 mm) from any structure.
F.
Attendance. Any open burning shall be constantly attended until the
fire is extinguished. At least one portable fire extinguisher with
a minimum 4-A rating, two portable fire extinguishers with a minimum
2-A rating each, or other approved on-site fire extinguishing equipment,
such as dirt, sand, water barrel, garden hose or water truck, shall
be available for immediate utilization.
G.
Bonfire size and duration. A bonfire shall not be more than five
feet (1,524 mm) by five feet (1,524 mm) by five feet (1,524 mm) in
dimension and shall not burn longer than three hours. The maximum
size and duration of a bonfire shall not be increased by the Fire
Marshal unless it is determined that fire safety requirements of the
situation and the desirable duration of burn warrant the increase.
H.
Material. Fuel for a bonfire shall consist only of seasoned dry firewood
and shall be ignited with a small quantity of paper. The fire shall
not be utilized for waste disposal purposes, and the fuel shall be
chosen to minimize the generation of air contaminants.
I.
Agricultural burning permitted. The burning of herbaceous or infested
plant life, the burning of orchard prunings and cuttings, prescribed
burnings and the clearing of agricultural land by burning are prohibited
by this article, unless in accordance with a permit issued under the
provisions of N.J.A.C. 7:27-2, administered by the State Forest Fire
Service in the New Jersey Department of Environmental Protection.
No burning shall take place with the intent of burning rubbish,
garbage, trade waste, building materials, buildings, structures or
fallen leaves without an air pollution permit and a certificate to
operate, such equipment to do such a practice and the appropriate
air pollution controls issued by the New Jersey Department of Environmental
Protection.
[Amended 7-11-2013 by Ord. No. O-6-2013]
The Gloucester County Fire Marshal, Elk Township Zoning Officer
or Elk Township Police Officers shall prohibit open burning that will
be offensive or objectionable due to smoke or odor emissions when
atmospheric conditions or local circumstances make such fires hazardous.
The Fire Marshal shall order the extinguishment, by the permit holder
or the Fire Department, of any burning/open burning that creates or
adds to a hazardous or objectionable situation.
A.
Any person, entity or corporation who or which violates any provision
of this article shall, upon conviction thereof, be punishable by one
or more of the following:
B.
Each day that a violation exists, occurs or continues shall constitute
a separate offense for the purpose of imposing the penalties referred
to above.
C.
Any person who is convicted of violating this article within one
year of the date of a previous violation of the same article and who
was fined for the previous violation shall be sentenced by the Court
to an additional fine as a repeat offender. The additional fine imposed
by the Court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of the article, but shall be calculated separately from the fine imposed
for the violation of the article.
