The purpose of this chapter is to establish minimum requirements
that will provide a reasonable degree of fire prevention and safeguard
life, property and be in the best interest of the citizenry and the
public welfare.
The Town of Hancock has the authority to pass ordinances in
accordance with its general police powers to protect the health, welfare
and safety of the citizenry. The authority is further granted in the
Local Government Article of the Annotated Code of Maryland, § 4-103,
and the Charter of the Town of Hancock.
The Annotated Code of Maryland, Public Safety Article, Title
6, State Fire Prevention Commission and State Fire Marshal, authorizes
and mandates that the Fire Commissioners of the State shall adopt
comprehensive regulations to be known and designated as a "Fire Prevention
Code." The State Fire Comprehensive Code has been adopted pursuant
to said statutory mandate. Same is effective August 1, 2004, and is
attached hereto and incorporated by reference and made a part hereof.
It is unlawful for any person, firm, corporation, or legal entity
of whatsoever nature or kind to burn or incinerate either in open
or closed containers, on their property or the property of others,
open fires, or any other fires of whatsoever nature or kind, except
as hereinafter provided or as may be allowed and provided for in accordance
with applicable Fire Prevention Code requirements, any material of
any kind, including but not limited thereto, i.e., wastepaper, leaves,
straw, garbage, and hazardous material.
It is unlawful to burn either in open fires or containers any
leaves, debris, garbage, paper or materials of any kind on public
streets, public ways, or public alleys in the Town of Hancock.
It is unlawful to burn or permit at any time the burning by
any person, firm, corporation or legal entity, on their property or
the property of others, any rubber, tile, linoleum, leather, garbage,
trash, litter, hazardous material, combustible materials, or anything
else that would cause an offensive smoke or odor.
Nothing in this chapter shall prohibit charcoal fires, gas grill
fires, or similar fires for the purpose of domestic private cookouts.
Bonfires at special functions may be permitted, providing a permit
is first obtained from the Fire Marshal or from a duly authorized
enforcement officer designated by the Mayor and Council.
As provided in the Fire Prevention Code, Annotated Code of Maryland, this chapter shall be enforced by the State Fire Marshal as to the applicable provisions thereof and/or any other person that may be designated by the Mayor and Council of the Town of Hancock to enforce the provisions of §§
205-5,
205-6, and 205-7.
The adoption of this chapter is in addition to and not in derogation
of any existing or subsequently passed statutes or regulations.
Unless otherwise specified in the Fire Prevention Code adopted herein for any violation, the penalty for violation of this chapter shall be as provided in Chapter
1, §
1-3, of the Code of the Town of Hancock.
This chapter shall be effective on the date of passage.