[Adopted 5-24-2022 by Ord. No. O-22-8]
A.
The Township Committee of the Township of Freehold find that open
burning and burning of combustible materials in a residential setting
may pose a serious hazard to the public health, safety, general welfare
and the quality of life of the residents of Freehold Township. The
public has a right to and should be ensured of an environment free
from noxious fumes and the threat of fire. It is the policy of the
Township of Freehold to prevent the danger of fire from open burning
which is a detriment to the public health, comfort, safety, welfare
and quality of life.
B.
The necessity in the public interest for the provisions, prohibitions
and controls hereinafter contained and enacted is declared as a matter
of legislative determination and public policy and are for the purpose
of securing and promoting the public health, comfort, safety and general
welfare and quality of life of the residents of Freehold Township.
C.
CHIMINEA, OUTDOOR FIREPLACE, OUTDOOR FIRE PIT
FIREWOOD
NUISANCE
OPEN BURNING
TREATED LUMBER
UNTREATED LUMBER
Definitions. For the purpose of this article, the following definitions
shall apply:
As defined by the manufacturers, means approved containers
for open burning.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
Any odor, emission, or event that prevents the reasonable
us and enjoyment of one's property.
An outdoor fire where wood or any combustible materials are
burned for entertainment. Open burning is allowed at single-family
homes, duplexes and townhomes without a permit provided the regulations
set forth herein are met.
Dry wood which has milled and dried and has been treated
or combined with any petroleum product, glue, chemical, preservative,
adhesive, stain, paint or other substance.
Dry wood which has milled and dried but which has not been
treated or combined with any petroleum product, glue, chemical, preservative,
adhesive, stain, paint or other substance.
D.
Open burning regulations.
(1)
Open burning in approved containers shall be allowed without a permit
at single-family homes, duplexes, townhomes, subject to the regulations
contained herein.
(2)
Fires shall be limited to a maximum three-foot diameter and two-foot
height, and must be contained in a noncombustible chiminea, outdoor
fireplace, fire pit or other method approved by the fire prevention
officer.
(3)
All openings in the container or fire pit must be covered with wire
mesh or other screening materials that will prevent the passage of
sparks and embers.
(4)
Fires must be kept at least 10 feet from any structure or combustible
exterior wall.
(5)
Fires must be constantly attended.
(6)
No such fire or container used for open burning may be used on any
porch, deck, balcony or any other portion of a building; within any
room or space; under any building overhang.
(7)
The burning of yard waste, leaves, brush, vines, evergreen needles,
branches smaller than three inches in diameter, treated lumber, garbage,
paper products or anything other than firewood as set forth herein
is prohibited.
(8)
All open fires as set forth herein shall be extinguished no later
than 1:00 a.m.
(9)
The fire prevention officer, police officer or code enforcement officer
may order any open fire, or use of a chiminea, outdoor fireplace or
fire pit which creates a nuisance, to be extinguished.
E.
Enforcement.
(1)
This article shall be administered by the fire prevention officer,
the police department and the code enforcement officer.
(2)
Any person, firm or corporation, violating any of the provisions
of this article, shall be liable to a fine not exceeding the sum of
$1,250, or to imprisonment not exceeding 90 days, or both.
