[HISTORY: Adopted by the Borough Council of the Borough of Houston 4-14-1982 by Ord. No. 398 (Ch. 7, Part 1, of the 1985 Code of Ordinances). Amendments noted where applicable.]
It shall be unlawful to set or maintain any fire upon any of the streets, sidewalks, alleys or public grounds in the Borough of Houston, or burn or cause to be burned thereon any paper, boxes, rubbish, leaves or other material or substance of any kind.
Outdoor fires shall be permitted upon private property in said Borough; provided, however, that the following regulations and restrictions are adhered to:
A. 
In built-up neighborhood areas, every such outdoor fire shall be built in and confined to a noncombustible container, covered with a screen of one-half-inch or smaller mesh, or with other suitable noncombustible cover, and shall not be permitted closer than 15 feet to any building.
B. 
Such fires or burning shall be confined to paper and cardboard products only, that will cause no obnoxious odors or in such manner as to cause excessive smoke or flying particles.
C. 
No such fires shall be permitted to burn except between the hours of 12:00 noon to 6:00 p.m., except that during the months of June, July and August, such fires shall be permitted to burn between the hours of 12:00 noon to 7:00 p.m.; provided, however, that such fires may be permitted at other hours by permission of the Houston Borough Council.
D. 
No such fires shall be permitted to burn on Sundays, Mondays, or legal holidays.
E. 
Recreational fire: definition. An outdoor fire, burning materials other than rubbish, where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
[Added 11-9-2016 by Ord. No. 500]
F. 
Recreational fire rules.
[Added 11-9-2016 by Ord. No. 500]
(1) 
Recreational fires shall be permitted to burn with no time limitations, provided that such fires are recreational in nature, attended by a responsible adult and extinguished completely upon completion of usage.
(2) 
Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
G. 
Portable outdoor fireplace definition.
As used in this section, the following terms shall have the meanings indicated:
[Added 11-9-2016 by Ord. No. 500]
PORTABLE OUTDOOR FIREPLACE
A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable 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.
H. 
Portable outdoor fireplace rules.
[Added 11-9-2016 by Ord. No. 500]
(1) 
Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet of combustible material.
(2) 
Portable outdoor fireplaces shall be permitted to burn with no time limitations, provided that such fires are recreational in nature, attended by a responsible adult and extinguished completely upon completion of usage.
I. 
General rules for outdoor fires.
[Added 11-9-2016 by Ord. No. 500]
(1) 
The fire must be attended at all times by a responsible adult and until the fire is extinguished.
(2) 
A minimum of one portable extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel or garden hose, shall be available for immediate use.
J. 
This chapter may hereby be amended by resolution of the Council of the Borough of Houston.
[Added 11-9-2016 by Ord. No. 500]
[Amended 9-18-1985 by Ord. No. 411; 10-12-1988]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000; and/or to imprisonment for a term not to exceed 90 days.