[HISTORY: Adopted by the Mayor and Council of the City of
Harrington 3-2-2015 by Ord. No.
15-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Municipal fees — See Ch. 180.
Fire hazards — See Ch. 205.
Property maintenance — See Ch. 305.
[1]
Editor's Note: This ordinance also repealed former Ch.
114, Burning, Open, adopted 5-1-2006 by Ord. No. 06-03.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
The preparation and cooking of food by way of gas grill,
charcoal grill, or other apparatus used for the cooking of food by
way of flame produced through wood, charcoal, or gas for the purpose
of cooking food for the sale to and/or consumption by the general
public.
The preparation and cooking of food by way of gas grill,
charcoal grill, or other apparatus used for the cooking of food by
way of flame produced through wood, charcoal, or gas for the purpose
of cooking food for the consumption by a family and/or guests or by
the membership of a private organization or church congregation.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber.
Any homemade or commercially produced fireplace, fire pit,
or fire ring used for the kindling of wood.
Open burning of structures, brush, or bonfires shall not be
permitted.
Open burning, when allowed, shall be kindled in such a manner
as not to be a danger to vehicles or structures and shall not be of
a size greater than 18 inches by 18 inches by 18 inches. Height of
the fire shall be measured from the ground or from the bottom of the
inside of the container being used to kindle the fire. Open burning
shall not be kindled directly on the ground unless contained in a
fire ring.
Outdoor fireplaces shall have 36 inches clearance from all combustibles
when in use. Portable fireplaces, fire pits, or fire rings shall be
extinguished in a residential area between the hours of 12:00 midnight
and 8:00 a.m.
A.
Commercial barbecuing shall be permitted under the following conditions:
(1)
The location has been approved by the City Manager, and/or his/her
designee.
(2)
One fire extinguisher of not less than five pounds ABC is to be located
within 10 feet of the cooking area. Cooking area and cooking fuels
shall be secured from public access.
(3)
Approval from the Board of Public Health has been obtained.
(4)
The operator shall make all reasonable attempts to avoid causing
a nuisance to nearby property owners with smoke, fumes, or sparks.
(5)
All compressed flammable gas containers used for cooking shall be
secured in such a way as to prevent them from being knocked, tipped,
or blown over.
B.
Any commercial barbecuing operations which are a continual nuisance
because of smoke, fumes, or sparks shall be terminated by the City
Manager, and/or his/her designee, until such time as the City Manager,
and/or his/her designee, is satisfied that the problem has been corrected.
C.
Barbecuing of any kinds shall not be kindled within 200 feet of any
fuel pump or storage tank fill. Cooking grease shall not be disposed
of by placing it directly on the ground or in stormwater drains.
A.
Multifamily residential dwelling units. In apartment buildings, condominiums,
or any other multifamily residential dwelling of three or more units
by any other name, the storage of propane tanks inside units or on
balconies is prohibited. In or around apartment buildings or condominiums,
recreational barbecuing shall be prohibited on any balcony or under
any overhanging portion or within 15 feet of any structure, except
that the use of electrical ranges or electrical grills shall be permitted.
The use of outdoor fireplaces on balconies is prohibited.
B.
Unattended burning. It shall be prohibited for open burning, commercial
barbecuing, and outdoor fireplaces to be unattended at any time. In
the event that any open burning, commercial barbecuing or outdoor
fireplaces are found to be unattended, the City Manager, and/or his/her
designee, shall order the open burning extinguished.
A.
Any person found to be in violation of this chapter, regardless of corrective actions taken, shall be punished for that violation by a fine as established in Chapter 180, Municipal Fees. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to this chapter. All fines imposed shall be in accordance with the minimum fine schedule set in Chapter 180, Municipal Fees.
B.
Every day that a violation of this chapter continues shall be considered
a separate offense, for which the violator may be fined without necessity
of further notice.
C.
In determining the applicable minimum fine, an offense shall be considered
a recurring offense only if the owner of the property has previously
been found to have caused or permitted the same nuisance at the same
location within the past 18 months, or for every day that the violation
of this chapter continues.
