[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:
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.
