[HISTORY: Adopted by the Borough Council of the Borough of
Sea Bright 12-19-2023 by Ord. No. 16-2023. Amendments noted where applicable.]
A.
Fire pits or other similar devices are authorized within the Borough
of Sea Bright subject to the restrictions set forth in this chapter.
B.
For the purpose of this chapter, a fire pit shall be considered as:
(1)
Any outdoor fireplace unit built after obtaining permits and approvals
pursuant to the Uniform Construction Code; or
(2)
Any equipment designed and used for outdoor fires and operated pursuant
to manufacturer's instructions.
(3)
For the purpose of this chapter, gas or propane operated fire pits
are excluded.
All such fireplaces or fire pits as set forth above shall be
no larger than three feet in diameter and two feet in height and are
required to have an approved screen or spark arrestor.
A.
Such fireplaces or fire pits may only be used at residential properties
containing two or fewer units and are prohibited from being used at
any commercial establishment or for any commercial use or at any multifamily
dwelling in excess of two units.
B.
All such devices shall be kept at ground level and must be placed
upon a noncombustible surface such as brick or cement. No such devices
shall be permitted on any type of elevated landing, surface, deck,
stairway, roof or other elevated platform or portion of a structure.
C.
Said devices are prohibited from being used within 15 feet of any
structure, including but not limited to homes, garages, sheds, showers
or other such structures.
D.
Such devices are prohibited from being used within five feet of any
other combustible surface, including but not limited to, bushes, fences,
pools, plants, shrubs, houses used for feeding of sheltering animals
or other combustible surfaces.
E.
Said devices are prohibited from being used underneath any cave,
overhang, roof, wires, tree limbs, vegetation, gutter, downspouts
or decks.
F.
Fireplaces and fire pits are not permitted in the front yard.
Any outdoor fireplace or fire pit must be constantly attended
while in use and shall not be left unattended while any burning, smoldering
or heat generation is taking place.
No fireplace or fire pit shall be used in the Borough of Sea
Bright other than during the hours between 9:00 a.m. and 12:00 midnight.
No trash or other waste such as garbage, leaves, construction
debris, rubbish, plastic materials, leather, furniture or petroleum-based
materials may be used to fuel any fire in an outdoor fireplace or
fire pit within the Borough of Sea Bright. Only dry, seasoned firewood
or prepackaged "Duraflame" type logs may be used as fuel for any fire
in a fireplace or fire pit within the Borough of Sea Bright. The same
shall be lighted by the minimal amount of newspaper or wood kindling
necessary. Under no condition shall a flammable or combustible liquid
such as lighter fluid, kerosene, gasoline or other combustible liquid
be used to start, fuel or otherwise enhance any fire in a fireplace
or fire pit in the Borough of Sea Bright.
No person shall leave the contents of a fire pit burning or
smoldering unattended and/or after use and proper extinguishment of
the same is required. For the purpose of this chapter, proper extinguishment
of the contents of a fire pit may be obtained by using a fire extinguisher
with a minimum of a 4A rating or a garden hose with suitable water
supply. The fire shall be properly and thoroughly extinguished and
ashes are to be properly disposed no sooner than 48 hours after burning.
Ashes may be stored in a metal can with a tightly fitted lid which
is located at least five feet away from any building or other combustible
surface or material.
The Sea Bright Police Department and the Code Enforcement Officer
may enforce this chapter. Anyone authorized to enforce this chapter
shall have the authority to immediately cause any person using a fire
pit or fireplace within the Borough of Sea Bright to extinguish the
same and order that the same not be used for an appropriate duration
of time if said enforcement official believes that the continued use
of a fire pit or fireplace may cause any of the following conditions:
This chapter shall not apply to any burning that requires a
permit to be obtained pursuant to the New Jersey Uniform Fire Code.
To the extent this chapter is in conflict with the New Jersey Uniform
Fire Code or the Uniform Construction Code, said Code shall take precedence.
A.
The following penalties shall be applicable for any violations of
this chapter:
(1)
For a first offense: a violator shall be informed of the violation
and ordered to properly extinguish the fire contained in the fireplace
or fire pit. The violator shall be given a verbal warning and shall
be subject to increased penalties for subsequent violations.
(2)
For second offense: for any offense which occurs within a twenty-four-month
period of the first offense, a violator shall be subject to a fine
of no less than $50 and no more than $500.
(3)
For third or subsequent offense: for any offense which occurs within
24 months of a second offense, said violator shall be subject to a
fine of no less than $50 and no more $1,250.
B.
A violation will be considered a subsequent offense if a previous
offense has occurred at the same property address within 24 months
of a previous offense even if a citation was issued to another individual
at said address.
