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.