[HISTORY: Adopted by the Borough Council of the Borough of Eatontown
7-23-1969 as Ch. 23 of the 1969 Code. Amendments noted where applicable.]
The following words and phrases as used in this chapter shall have the
following meanings and definitions:
The discarded limbs, twigs and other portions of trees that are discarded
when trimming or cutting of trees and other limbs, twigs and other portions
of trees that have fallen from trees and any collection of bushes, undergrowths,
twigs and limbs and other discarded portions of trees.
Growing grass on the ground, including such grass as may be dried
or commonly known as "dead" and has not been removed from its natural state.
Leaves fallen from the trees and such other vegetation that may be
collected when raking leaves.
Cartons, boxes, any discarded receptacles, broken furniture or any
articles that have been discarded as useless.
It shall be unlawful for any person to set fire to or burn or cause
to be burned any grass, rubbish and brush upon any property in the Borough
of Eatontown without first obtaining a written permit from the Chief of the
Fire Department or any other officer properly authorized by the Borough of
Eatontown for such purpose.
Such permit shall not be granted if it appears that the physical conditions
of the property surrounding the place where the same is to be burned are such
that it might cause the fire to spread and become beyond control and endanger
the surrounding property. The permit shall be granted only upon the distinct
understanding that the following conditions are to be observed by the holder
of said permit, viz:
A.
The fire shall be tended by the licensee or some person
duly designated by such licensee who shall be present while the fire is burning
until the same is out.
B.
The fire must be extinguished by one hour after sundown.
C.
The permit must be dated and is only good for 48 hours
after it is issued and after that time the same becomes null and void.
D.
The fire shall not be burned if the wind is blowing at
or over the rate of 10 miles per hour.
E.
If a person desires to secure a permit more than three
times in one month or more than 10 times throughout the entire year, such
person shall give a bond to the Borough of Eatontown for $1,000 to secure
any damage to any property or injury to any person by reason of such fire.
This bond shall be in addition to the securing of the permit from time to
time. It is understood that such bond or security may be in the following
form, viz: A bond of the person securing the permit signed by an authorized
surety company or another individual who makes affidavit that he is worth
$1,000 over and above all his just debts and liabilities or can produce to
the issuing authority a liability policy which would have coverage including
the liability placed upon the permittee mentioned herein.
F.
This chapter shall not include any grass, rubbish and
brush which is burned in a metal incinerator properly covered, which is exempt
from the provisions of this chapter.
The granting of such a permit to burn any grass, rubbish or brush does
not in any way relieve or exonerate any such person starting such fire from
any liability to any person for any claim for any injury to any person or
damage to any property as a result of such fire.
Any occupant of any property may burn leaves, rakings or refuse upon their property without obtaining a permit as above provided and are excepted from the provisions of § 113-2 above; provided, however, that, if any person burning such leaves, rakings or refuse shall permit the fire to spread and set fire to any grass or brush as a result thereof, such person shall be guilty of a violation of this chapter.
There shall be no fires in any street or portion of a street from property
line to property line, at any time.
Any person violating the provisions of this chapter shall on conviction
thereof be punished by a fine not exceeding $100 or by being imprisoned in
jail for not more than 30 days, or both.
