[Adopted by the Town Council of the Municipality of Kingston 3-4-2013 by Ord. No. 2013-1.[1] Amendments noted where applicable.
As used in this chapter, unless otherwise stated, the following
terms are defined as indicated:
An outdoor fire utilized for ceremonial purposes.
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.
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.
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.
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.
Open burning does not include patio fireplaces as defined in
this chapter.
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.
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.
A.
No person, partnership, company, association, society, corporation,
or other group or entity shall burn or permit the open burning of
any waste materials on any private or public property within the Municipality
of Kingston.
B.
Storage of inflammable and explosive materials. In all activities
involving, and all storage of, inflammable and explosive materials,
the owner or operator of such use shall provide adequate safety devices
against the hazard of fire and explosion and adequate firefighting
and fire-suppression equipment and devices standard in this industry.
C.
Exterior fireplaces are allowed not less than 15 feet from any structure.
D.
Fire rings are allowed not less than 15 feet from any structure.
E.
Bonfires shall not be conducted within 50 feet of a structure or
combustible material unless the fire is contained in a barbecue pit.
Conditions that could cause a fire to spread within 50 feet of a structure
shall be eliminated prior to ignition.
F.
Recreational fires shall not be conducted within 25 feet of a structure
or combustible material. Conditions which could cause a fire to spread
within 25 feet of a structure shall be eliminated prior to ignition.
G.
Open-flame cooking devices such as charcoal burners and other open-flame
cooking devices shall not be operated on combustible balconies or
within 10 feet of combustible construction. (Exceptions: one- and
two-family dwellings, or where buildings, balconies or decks are protected
by an automatic sprinkler system.)
H.
Liquefied-petroleum-gas-fueled cooking devices such as an LP gas
burner having an LP gas container of greater than 2.5 pounds shall
not be located on combustible balconies or within 10 feet of combustible
construction. (Exceptions: one- and two-family dwellings, or where
buildings, balconies or decks are protected by an automatic sprinkler
system.)
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.
This chapter rescinds § 181-34 of the Municipal Code.
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.
