[HISTORY: Adopted by the Mayor and Commissioners of the Town
of Westernport as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-5-2015 as
§ 120-1 of the 2015 Code]
As used in this article, the following terms shall have the
meanings indicated:
Any law enforcement officer authorized by the Mayor for enforcing
this article.
The chart published and described in the latest applicable
U.S. Bureau of Mines Information Circular, used in estimating the
light-obscuring power of smoke. Any other method for grading smoke
which is approved by the Maryland Department of Health and Mental
Hygiene as the equivalent of the Ringelmann Smoke Chart may be substituted
therefor.
No person shall cause, suffer, allow or permit an open fire
except as provided by this article.
A.
Permit allowing open fire.
(1)
The
control officer may, upon receipt of an application made on forms
provided by the Town, issue or approve a permit in writing allowing
an open fire, provided that all of the following conditions are met:
(a)
The control officer is satisfied that there is no practical
alternate method to dispose of the material to be burned or to conduct
the desired activity.
(b)
No hazardous condition or air pollution or nuisance will be
created.
(c)
Fire control laws or regulations of other governmental agencies
will not be violated.
(d)
No materials which produce dense smoke when burned, including
but not limited to tires and roofing material, will be burned.
(e)
The material to be burned shall have originated on the premises
on which it is to be burned.
(2)
The
control officer may impose other conditions to minimize creation of
smoke, to prevent nuisance and air pollution, and to protect the health,
safety, comfort and property of any persons.
B.
Public officers, in the performance of their official duties, may
set an open fire or give permission for an open fire, with concurrence
of the control officer, provided that all reasonable means are employed
to minimize smoke, if the fire is necessary for one or more of the
following reasons or purposes:
(1)
For the prevention of a fire hazard that cannot be abated by other
means.
(2)
For the instruction of public firefighters or industrial employees
under supervision of the appropriate fire control official.
(3)
For the protection of public health or safety when other means of
disposing of hazardous materials are not available.
C.
Open fires otherwise in conformance with other governmental fire
control ordinances, provided that no nuisance or air pollution is
created, are allowed without permission as follows:
(1)
Cooking of food.
(2)
Fires set in the course of agricultural operations in growing crops
or raising fowl or animals or in accepted forestry practice. In no
case shall this provision be construed as allowing the burning of
materials which produce dense smoke, such as tires, oil, etc.
(3)
Recreational purposes, such as campfires, provided that smoke emissions
are not darker than No. 2 on the Ringelmann Smoke Chart and the fires
are not located within a dangerous distance from any neighboring habitable
buildings.
(4)
Oil- or gas-fired salamanders or similar devices designated specifically
for space heating or warming of outdoor workers, etc., provided that
no visible emissions are created.
(5)
Warming fires for outdoor workers, provided that smoke emissions
are not darker than No. 2 on the Ringelmann Smoke Chart and the fires
are located not closer than 200 feet to any neighboring habitable
buildings.
[Amended 10-1-2018 by Ord. No. 9-4-2018B]
Any person or entity that fails to comply with any provisions of this article is guilty of a municipal infraction subject to Chapter 135 of the Code of the Town of Westernport.
