As used in this Article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
TO TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
A person commits the offense of reckless burning or exploding
if he/she recklessly starts a fire or causes an explosion and thereby
damages or destroys the property of another.
[Ord. No. 3232 §§ 1
— 4, 10-17-2016]
A. Definitions.
OPEN BURNING
The outdoor burning of leaves, tree branches, yard trimmings,
grass clippings or other natural vegetation; or any waste generated
by a residence, business, trade, industry, salvage, construction or
demolition operation.
PERSON
An individual, heirs, executors, administrators, or assigns,
and also includes a firm, partnership, corporation, its or their successors
or assigns, or the agent of any of the aforesaid.
PORTABLE OUTDOOR FIREPLACES
A portable, outdoor, solid-fuel burning fireplace that may
be constructed of steel, concrete, clay or other non-combustible material.
A portable outdoor fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
RECREATIONAL BURNING AND RECREATIONAL FIRE
A recreational fire is an outdoor fire where the fuel is
not contained in an outdoor fire place, barbeque grill, barbeque pit,
portable outdoor fireplace, or fire pit container. It is used for
pleasure, ceremonial, cooking, warmth or similar purposes.
B. No person shall cause, allow or permit the open burning of household
refuse; leaves, trees, grass or other vegetation; or any waste generated
by a business, trade, industry, salvage, construction or demolition
operation.
C. Open cooking fires and other recreational fires are allowed within
approved containers or enclosures and/or under the following conditions:
1.
Fuel for cooking fires shall be limited to natural gas, propane,
charcoal, wood pellets or natural wood which has not been treated
or painted.
2.
Recreational fires where the burning materials are not contained
in an outdoor fireplace, portable outdoor fireplace, barbeque grill
or barbeque pit, must not be larger than three (3) feet in diameter
and two (2) feet in height and have a spark arrestor in place.
3.
Barbeque grills using charcoal as fuel shall not be used on
a wooden deck.
4.
All barbeque grills shall be kept at least fifteen (15) feet
from any structure or combustible material while in use or while still
hot from use.
5.
Any permitted burning within the meaning of this Section shall
be constantly attended by competent persons until it is completely
extinguished.
6.
There must be a means of extinguishing the fire present at all
times.
D. The Fire Chief, and his/her designees, may prohibit any or all burning
when atmospheric conditions or circumstances render such fire hazardous
or offensive.