[HISTORY: Adopted by The Commissioners of the Town of St. Michaels 10-25-2023 by Ord. No. 551.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 122, Burning, Outdoor, adopted 8-7-1930 by Ord. No. 55, as amended.
A. 
Any police officer or code enforcement officer of the Town of St. Michaels having reasonable cause to believe that a violation of this chapter exists that poses an immediate risk to the public health, safety, and welfare may enter onto the private property of any person to investigate the nature of the violation.
B. 
Any police officer or code enforcement officer of the Town of St. Michaels having reasonable cause to believe that a violation of this chapter exists that does not pose an immediate risk to the public health, safety, and welfare shall request permission of an occupant of the property to enter onto the private property of any person to investigate the nature of the violation. If permission to enter is denied, a person properly authorized by The Commissioners of St. Michaels shall apply to a court of competent jurisdiction for an administrative warrant to enter upon the property.
It shall be unlawful for any person to build a fire in the open or to cause or permit materials to be burned upon the streets or on any public and private property in the Town of St. Michaels, except in a stove, furnace, grill, fire pit, or incinerator when used according to the manufacturer instructions and in conformance with the provisions of this chapter.
Outdoor fire pits shall be permitted on private property if:
A. 
There is no applicable burn ban in effect.
B. 
The fire pit is made of steel, brick or masonry material.
C. 
The fire does not constitute a hazard or a danger to public safety.
D. 
The fire pit is constantly attended to by a responsible adult.
E. 
A fire extinguisher, dirt, sand, water barrel, or a garden hose is readily available.
F. 
The material being burned is wood or charcoal. The burning of household rubbish, construction debris, grass clippings and/or leaves is prohibited and the burning of pressure-treated wood is prohibited.
G. 
The fire pit is not closer than 15 feet in any direction to any structure or combustible object.
H. 
The fire pit is no larger than nine square feet in size.
I. 
The fire pit is not used on a balcony or deck.
J. 
The flames are not higher than two feet. Fire pits shall be used with a spark screen to prevent embers and sparks from blowing out of the fire.
K. 
The fire is completely extinguished at the end of use.
The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:
A. 
Inside of any structure when connected to a fuel gas container.
B. 
Inside tents, canopies, or membrane structures that are unvented.
C. 
On exterior balconies.
It shall be unlawful for any person to place hot ashes in any wooden box, barrel, or container or on any wooden floor within the Town.
It shall be unlawful for any person to keep or permit to be kept any oil waste or oily rags unless such waste or rags are kept in a metal can, with metal legs, in a self-closing cover.
It shall be unlawful for any person to permit on his or her premises any dangerous accumulation of rubbish, wastepaper boxes, shavings or other flammable or combustible material that is so situated as to endanger person and property.
It shall be unlawful for any person to permit on his or her premises any condition which shall obstruct or restrict the free use of fire escapes, stairs, passageways, doors or windows for egress of occupants in case of fire.
No person shall make or assist in making any bonfire in or upon any public street or private property within the Town of St. Michaels without the written permission of the Fire Chief.
Any person or persons violating this chapter shall be deemed guilty of a municipal infraction and shall be subject to a fine not to exceed $500 for each offense.