[HISTORY: Adopted by the Mayor and Town Council of the Town of Hancock 5-10-2006 as Ch. 18 of the 2006 Code of Ordinances. Amendments noted where applicable.]
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.[1]
[1]
Editor's Note: The State Fire Comprehensive Code is found at COMAR 29.06.
A. 
The Fire Prevention Code of the State of Maryland as set forth and incorporated herein is adopted by the Town of Hancock, as said Fire Prevention Code now exists and as it may be subsequently amended from time to time in the future.
B. 
All provisions of the code are adopted and shall be effective in the corporate limits of the Town of Hancock.
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.