For the purpose of this article, the following definitions shall apply:
APPROVED CONTAINERS
Shall consist of portable outdoor fireplaces, fire tables, chimineas and patio fireplaces used in accordance with manufacturer's instructions.
APPROVED MATERIALS
Seasoned firewood, kindling wood, manufactured fire logs and fire starting materials.
FIRE PIT
A permanently constructed solid fuel-burning device constructed of steel, concrete or other noncombustible having an open design with a fire area no more than three feet in diameter and two feet in depth.
FIREPLACE
A permanently constructed solid fuel-burning fireplace construction of steel, concrete or other noncombustible material with a hearth opening and chimney.
FIREWOOD
Trunks and branches or trees and bushes, but does not include leaves, needles, vines or brush smaller than two inches in diameter.
NUISANCE
Any odor, emission, or event that prevents the reasonable use and enjoyment of one's property.
OUTDOOR FIRE
Any fire outside of any structure where seasoned wood or approved dimensions is burned for pleasure, warmth or similar purpose by the resident.
TREATED LUMBER
Dry wood which has milled and dried and has been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
UNTREATED LUMBER
Dry wood which has milled and dried but which has not been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
A. 
For outdoor fires at one- and two-family dwellings, fires shall be maintained in approved containers, fireplaces and fire pits and shall be allowed without a permit provided the regulations contained herein are followed. Outdoor fires at all properties other than one- and two-family dwellings shall be subject to regulations of the NJ Uniform Fire Code.
B. 
Outdoor fires shall be limited to a maximum three-foot diameter and two-foot height, and must be contained in a noncombustible chiminea, outdoor fireplace, fire pit or other method approved by the Fire Marshal or his designated inspector.
C. 
All openings in the approved container must be covered with screening materials that will prevent the passage of sparks or embers.
D. 
Outdoor fires must be maintained in the rear yard at least 15 feet from any structure, fence, combustible vegetation and property line.
E. 
Outdoor fires must be constantly attended until the fire is extinguished. A minimum of one portable fire 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 utilization.
F. 
No such fire or container used for an outdoor fire may be used on any porch, deck, balcony or any other portion of a building; within any room or space; or under any building overhang.
G. 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than two inches in diameter, treated or untreated lumber, garbage, debris, paper products or anything other than seasoned firewood or fire logs as set forth herein is prohibited.
H. 
All outdoor fires as set forth herein shall be prohibited between 1:00 a.m. and 8:00 a.m.
I. 
The Fire Marshal or his designee, Fire Chief or designee, police officer, property maintenance official or health officer may order any outdoor fire which creates a nuisance, to be extinguished.
A. 
This article shall be enforced by the Fire Prevention Bureau or the Leonia Police Department.
B. 
Any person or entity who shall violate any of the provisions of this article or any order promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punishable as follows:
(1) 
For a first offense: by a fine of not less than $50 or more than $200.
(2) 
For a second offense: by a fine of not less than $200 or more than $300.
(3) 
For s third offense or ay subsequent offenses: by a fine of not less than $300 or more than $500 or by imprisonment in the county jail for a period not to exceed 90 days or by both such fine and imprisonment.
C. 
Any fine or penalty to be imposed by the Municipal Judge shall not be imposed until the Judge reviews the history of the person or entity in question relating to violations of this chapter in order that the appropriate penalty is imposed.
D. 
Each violation of any of the provisions of this chapter and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.