[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 7-23-1969 as Ch. 23 of the 1969 Code. Amendments noted where applicable.]
The following words and phrases as used in this chapter shall have the following meanings and definitions:
BRUSH
The discarded limbs, twigs and other portions of trees that are discarded when trimming or cutting of trees and other limbs, twigs and other portions of trees that have fallen from trees and any collection of bushes, undergrowths, twigs and limbs and other discarded portions of trees.
GRASS
Growing grass on the ground, including such grass as may be dried or commonly known as "dead" and has not been removed from its natural state.
LEAVES, RAKINGS or REFUSE
Leaves fallen from the trees and such other vegetation that may be collected when raking leaves.
RUBBISH
Cartons, boxes, any discarded receptacles, broken furniture or any articles that have been discarded as useless.
It shall be unlawful for any person to set fire to or burn or cause to be burned any grass, rubbish and brush upon any property in the Borough of Eatontown without first obtaining a written permit from the Chief of the Fire Department or any other officer properly authorized by the Borough of Eatontown for such purpose.
Such permit shall not be granted if it appears that the physical conditions of the property surrounding the place where the same is to be burned are such that it might cause the fire to spread and become beyond control and endanger the surrounding property. The permit shall be granted only upon the distinct understanding that the following conditions are to be observed by the holder of said permit, viz:
A. 
The fire shall be tended by the licensee or some person duly designated by such licensee who shall be present while the fire is burning until the same is out.
B. 
The fire must be extinguished by one hour after sundown.
C. 
The permit must be dated and is only good for 48 hours after it is issued and after that time the same becomes null and void.
D. 
The fire shall not be burned if the wind is blowing at or over the rate of 10 miles per hour.
E. 
If a person desires to secure a permit more than three times in one month or more than 10 times throughout the entire year, such person shall give a bond to the Borough of Eatontown for $1,000 to secure any damage to any property or injury to any person by reason of such fire. This bond shall be in addition to the securing of the permit from time to time. It is understood that such bond or security may be in the following form, viz: A bond of the person securing the permit signed by an authorized surety company or another individual who makes affidavit that he is worth $1,000 over and above all his just debts and liabilities or can produce to the issuing authority a liability policy which would have coverage including the liability placed upon the permittee mentioned herein.
F. 
This chapter shall not include any grass, rubbish and brush which is burned in a metal incinerator properly covered, which is exempt from the provisions of this chapter.
The granting of such a permit to burn any grass, rubbish or brush does not in any way relieve or exonerate any such person starting such fire from any liability to any person for any claim for any injury to any person or damage to any property as a result of such fire.
Any occupant of any property may burn leaves, rakings or refuse upon their property without obtaining a permit as above provided and are excepted from the provisions of § 113-2 above; provided, however, that, if any person burning such leaves, rakings or refuse shall permit the fire to spread and set fire to any grass or brush as a result thereof, such person shall be guilty of a violation of this chapter.
Any person violating the provisions of this chapter shall on conviction thereof be punished by a fine not exceeding $100 or by being imprisoned in jail for not more than 30 days, or both.