As used in this chapter, unless otherwise stated, the following
terms are defined as indicated:
BONFIRE
An outdoor fire utilized for ceremonial purposes.
OPEN BURNING
The burning of materials in an unenclosed space wherein products
of combustion are emitted directly into the ambient air without passing
through a stack or chimney from an enclosed chamber.
A.
For the purpose of this definition, a chamber should be regarded
as enclosed when, during the time combustion occurs, only apertures,
ducts, stacks, flutes or chimneys necessary to provide combustion
air and permit the escape of exhaust gas are open.
B.
Examples of open burning include, but are not limited to, burning
of leaves, burning of grass clippings, burning of construction debris
and fires built on the ground for warmth.
C.
Open burning does not include road flares, smudgepots, "tiki
torches," candles and similar devices, or devices devoted to occupational
uses. Open burning shall not include recreational fires as defined
in this chapter.
D.
Open burning does not include patio fireplaces as defined in
this chapter.
PATIO FIREPLACE
A portable device built for outdoor use and designed to burn
solid fuel. The device may come in many styles and is generally substantially
constructed of steel, with heavy-duty screening around the fire box
or made of concrete or clay (chimenea). It is equipped with a short
chimney or an opening in the top. The design also includes a stand
to elevate the fire box above the area in which it is placed to provide
clearance from combustible materials.
RECREATIONAL FIRE
An outdoor fire that burns materials other than rubbish in
which the fuel being burned is contained in an outdoor fireplace,
barbeque grill or barbeque pit and which has a total fuel area of
three feet (914 mm) or less in diameter and two feet (610 mm) or less
in height for pleasure, religious, ceremonial purposes, cooking, warmth
or similar purposes.
Open burning, bonfires or recreational fires shall be constantly
attended until the fire is completely extinguished. A minimum of one
portable fire extinguisher complying with a minimum 4-A rating 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.
Permits shall be acquired from the Fire Chief of the Municipality
of Kingston prior to the scheduling of any bonfire.
The violation of any section of this chapter shall be punishable
by a fine of not less than $25 and not more than $300, plus costs
of prosecution, or to a term of imprisonment, the maximum of which
shall be not more than 30 days.
In case any one or more of the provisions of this chapter shall
for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall
not affect any other provision thereof, and this chapter shall be
construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
This chapter shall become effective 30 days following its publication
date pursuant to Municipality of Kingston Charter Section 213.