[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island 6-26-1965 as Ord. No. 21. Amendments noted where
applicable.]
No person shall kindle or maintain any bonfire
or rubbish fire or authorize any such fire to be kindled or maintained
on any property, whether it is public or private property, within
the limits or jurisdiction of the Town of Fenwick Island, Delaware,
without a written permit from the Chief of Police of the Town of Fenwick
Island, Delaware.
[Amended 5-27-1983]
A.
Permits for bonfires on the beach shall be issued
only to a person 18 years of age or older who is a resident or a property
owner (or a family member thereof) or an employee of the Town of Fenwick
Island or a renter of accommodations in the Town of Fenwick Island
at the time of the use of the permit. Not more than three permits
for bonfires on the beach shall be issued for any one twenty-four-hour
period. The person to whom the permit is issued shall be held responsible
for the conduct of the bonfire, any activities in connection therewith
and for the satisfactory cleaning and restoration of the general area
of the beach where the bonfire was held.
[Amended 10-20-2000; 12-10-2004]
B.
The Chief of Police shall require a deposit before
issuing a permit for a bonfire on the beach with the provision that
it shall be returned only if the general area of the beach where the
bonfire was held is satisfactorily cleaned and restored. In addition,
the bonfire permit holder shall pay a fee and deposit to the Town
as set by resolution of the Town Council passed annually.
[Amended 7-26-1996 by Ord. No. 77; 7-26-1996; 8-28-2009]
[Added 4-27-2007]
A.
No bonfires may be permitted when a state burning
ban is in effect or when wind is in an easterly direction to protect
houses and sand dunes.
B.
Bonfires are allowed on the beach anytime lifeguards
are not on the beach (after 5:00 p.m. during the summer season). All
bonfires must be extinguished no later than 11:00 p.m. and all parties
must be off the beach by midnight in accordance with Town ordinance.
No fireworks are permitted.
C.
Bonfires must be safely and reasonably located at
least 50 feet away from any combustible items (i.e., sand fence, dune
grass, buildings).
D.
A pit must be dug with a depth of at least 18 inches
and no wider than four feet in circumference.
E.
Firewood only is permitted, no treated lumber, pilings,
pallets, etc., shall be used. (Treated lumber and pilings create poisonous
gases when burned.)
F.
No glass containers are allowed. No alcoholic beverages
are allowed from May 15 to September 15.
G.
Bonfires should be doused with water, and the pit
must be filled to its original level. All debris must be removed from
the beach. Partially burned logs must be removed as early as practical.
H.
Thoroughly clean area and remove any trash or other
debris.
[Amended 8-28-2009]
I.
The permittee agrees to be responsible for any damage
or injury to person or property and any violations of Town ordinance
directly resulting from the issuance of this permit.
J.
A bonfire deposit will be forfeited and bonfire privileges
will be suspended for one year in the event the area is found to be
left in an unsatisfactory condition by the Fenwick Island Police Department.
K.
The person to whom the bonfire permit is issued must
be present during the bonfire and must carry his or her copy of the
permit and be able to produce it upon request by Fenwick Island Police
Department or State of Delaware Park Rangers.
[Amended 7-26-1996 by Ord. No.
77; 4-27-2007; 8-28-2009]
Any person violating the provisions of this
chapter shall be fined $100 and costs for each and every offense.
