[Adopted 6-23-2020 by Ord. No. 5671 (Ch. 285, Art. IV, of the 2004 Code)]
For the purpose of this article, the following definitions shall apply:
CHIMINEA, OUTDOOR FIREPLACE, OUTDOOR FIRE PIT
As defined by the manufacturers, approved containers for open burning.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than two inches in diameter.
MANUFACTURERS DESIGNATION
An identification applied to a product by the manufacturer indicating that a product or material complies with a specified standard or set of rules.
NUISANCE
Any odor, emissions, or event that prevents the reasonable use and enjoyment of one's property.
RECREATIONAL FIRE
An outdoor fire where seasoned wood of approved dimensions is burned for entertainment.
TREATED LUMBER
Dry wood which has been milled and dried and has been treated combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
A. 
Recreational fires in approved containers shall be allowed without a permit at one- and two-family owner-occupied homes, duplexes, and townhomes. Subject to regulations contained herein.
B. 
Fires shall be limited to a maximum three-foot diameter and two-foot height, and must be contained in a noncombustible chiminea, outdoor fireplace, or approved fire pit.
C. 
All openings in the container or fire pit must be covered with wire mesh, spark arrester or other screening material that will prevent the passage of sparks or embers.
D. 
Fires must be kept in the rear yard, 15 feet from any structure, property line or combustible materials (fence, shed, garage, deck, playsets).
E. 
No such fire pit or container used for open burning may be used on any porch, deck, balcony, or any other portion of a building; within any room or space; or under any overhang.
F. 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than two inches in diameter, treated or untreated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited, except that kindling may be used to start a fire.
G. 
Fires must be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-a rating or other approved fire extinguishing equipment, sand, water barrel, or garden hose, shall be available for immediate utilization.
H. 
All open fires as set forth herein shall be extinguished no later than 12:00 midnight.
I. 
The Fire Chief or his designee, a police officer, or health officer may order any open fire, or use of a chiminea, outdoor fire place or fire pit which creates a nuisance, to be extinguished.
J. 
The Fire Chief or his designee, a police officer, or health officer can enforce this article and write a summons.
For the purpose of this article, the Fire Chief or his designee, any Township law enforcement officer or health officer is authorized to perform as a law enforcement officer solely with respect to the enforcement of the provisions of this article by being empowered to issue summonses for any violations of this article, in accordance with rules governing the courts of the State of New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any provisions of this article shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the County Jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $2,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this article.