[HISTORY: Adopted by the Common Council of the City of Cortland as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-2017 by L.L. No. 9-2017]
As used in this article, the following terms shall have the meanings indicated:
RECREATIONAL FIRE
An outdoor fire burning only dried, seasoned hardwoods for the purpose of pleasure, religious, ceremonial, cooking, warmth or similar purposes. The fuel being burned shall be contained to an outdoor fireplace, barbeque grill or barbeque pit and have a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height. Fuel being burned shall not include rubbish, lumber, garbage or other offensive materials. Existing approved permanent fire pits may continue to be used subject to the guidelines and regulations contained herein but are not required to be relocated.
A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this article.
A. 
Prohibited recreational burning. Open burning that will be offensive or objectionable, as determined by a police officer or firefighter, because of smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
B. 
Recreational fires. A recreational fire shall not be conducted within 25 feet of a structure or combustible material. The fire shall be contained in an approved container and where the pile size is three feet or less in diameter and two feet or less in height. Conditions which would cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition. Approved cooking grills that are fueled by charcoal, propane, or natural gas are not considered recreational fires.
C. 
Attendance. Recreational fires shall be constantly attended until the fire is extinguished. All such fires shall have spark arrestors included with the fire.
D. 
Failure to follow any of these guidelines may be cause to determine that the fire is a nuisance and must be extinguished.
E. 
Firesafety.
(1) 
Firesafety must always be followed.
(2) 
Recreational fires must be of the same size as in fireplaces (no larger than three feet in diameter; no taller than two feet in height), located 25 feet from combustible structures (houses, fences, sheds, garages, wooden decks, and similar structures) and conducted on noncombustible surfaces.
(3) 
Materials for burning must be clean, seasoned firewood (wet wood, fresh-cut wood, or painted or stained wood creates smoky conditions and is not allowed to be burned).
(4) 
Competent adult supervision must be on site while fire is burning. A competent adult is someone over 18 years of age, not impaired by drugs or alcohol or having medical or mental conditions that could impair their ability to take proper action if required.
(5) 
A source must be available to control or extinguish any fire (charged garden hose hooked up to a water supply, multiple pails of water or a 4-A fire extinguisher).
(6) 
No new materials may be added to the fire after 10:00 p.m., and the fire must be extinguished before abandoning.
(7) 
Fire cannot create a nuisance. Smoke and/or odors may be considered a nuisance when found to be such by City authorities.
(8) 
Outdoor portable fireplaces must be made of metal, ceramic and like materials, and fires must be contained within that approved appliance. The approved appliances must follow these same rules and must not be placed on any combustible surfaces (decks, porches, tables, etc.). They may not be located less than 15 feet from a combustible structure and must be extinguished before abandoning. The fireplaces, pits, etc., must contain a spark arrestor/screen. Additionally, these devices shall be used in accordance with the manufacturer's instructions.
A. 
Recreational fires are allowed on an occasional basis. A recreational fire that creates property damage, personal injury or is deemed a nuisance may be cause for further legal actions to be taken by the City of Cortland, the Cortland Fire Department/Code Enforcement Division, and/or the City of Cortland Police Department.
B. 
Further, if the Cortland Fire Department or Cortland Police Department determines that an existing fire is a nuisance fire, the fire shall be extinguished immediately.
Violations of this article shall be subject to a minimum fine of $50 for a first offense and a fine of $250 for each offense thereafter within a one-year period. If further expenses are incurred by the City, all expenses will be added to the fine to cover any and all costs the City incurred.