[HISTORY: Adopted by The Commissioners of
the Town of St. Michaels 10-25-2023 by Ord. No. 551.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 122,
Burning, Outdoor, adopted 8-7-1930 by Ord. No. 55, as amended.
A.Â
Any police
officer or code enforcement officer of the Town of St. Michaels having
reasonable cause to believe that a violation of this chapter exists
that poses an immediate risk to the public health, safety, and welfare
may enter onto the private property of any person to investigate the
nature of the violation.
B.Â
Any police
officer or code enforcement officer of the Town of St. Michaels having
reasonable cause to believe that a violation of this chapter exists
that does not pose an immediate risk to the public health, safety,
and welfare shall request permission of an occupant of the property
to enter onto the private property of any person to investigate the
nature of the violation. If permission to enter is denied, a person
properly authorized by The Commissioners of St. Michaels shall apply
to a court of competent jurisdiction for an administrative warrant
to enter upon the property.
It shall be unlawful for any person to build a fire in the open
or to cause or permit materials to be burned upon the streets or on
any public and private property in the Town of St. Michaels, except
in a stove, furnace, grill, fire pit, or incinerator when used according
to the manufacturer instructions and in conformance with the provisions
of this chapter.
Outdoor fire pits shall be permitted on private property if:
A.Â
There is
no applicable burn ban in effect.
B.Â
The fire
pit is made of steel, brick or masonry material.
C.Â
The fire
does not constitute a hazard or a danger to public safety.
D.Â
The fire
pit is constantly attended to by a responsible adult.
E.Â
A fire
extinguisher, dirt, sand, water barrel, or a garden hose is readily
available.
F.Â
The material
being burned is wood or charcoal. The burning of household rubbish,
construction debris, grass clippings and/or leaves is prohibited and
the burning of pressure-treated wood is prohibited.
G.Â
The fire
pit is not closer than 15 feet in any direction to any structure or
combustible object.
H.Â
The fire
pit is no larger than nine square feet in size.
I.Â
The fire
pit is not used on a balcony or deck.
J.Â
The flames
are not higher than two feet. Fire pits shall be used with a spark
screen to prevent embers and sparks from blowing out of the fire.
K.Â
The fire
is completely extinguished at the end of use.
The storage or use of portable outdoor gas-fired heating appliances
is prohibited in any of the following locations:
It shall be unlawful for any person to place hot ashes in any
wooden box, barrel, or container or on any wooden floor within the
Town.
It shall be unlawful for any person to keep or permit to be
kept any oil waste or oily rags unless such waste or rags are kept
in a metal can, with metal legs, in a self-closing cover.
It shall be unlawful for any person to permit on his or her
premises any dangerous accumulation of rubbish, wastepaper boxes,
shavings or other flammable or combustible material that is so situated
as to endanger person and property.
It shall be unlawful for any person to permit on his or her
premises any condition which shall obstruct or restrict the free use
of fire escapes, stairs, passageways, doors or windows for egress
of occupants in case of fire.
No person shall make or assist in making any bonfire in or upon
any public street or private property within the Town of St. Michaels
without the written permission of the Fire Chief.
Any person or persons violating this chapter shall be deemed
guilty of a municipal infraction and shall be subject to a fine not
to exceed $500 for each offense.