Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Fenwick Island, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[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.