[HISTORY: Adopted by the Mayor and Council
of the City of Taneytown 4-8-1991 by Ord. No. 1-91 (Title 3, Ch. 2,
Art. C of the 1980 Code). Amendments noted where applicable.]
It shall be unlawful for any person to permit
any open fire not contained within a building or structure within
the corporate limits of the city unless a permit has been issued for
the same in accordance with the provisions of this chapter or the
same is exempt from the permit requirement by virtue of the provisions
of this Code or other law.[1]
[1]
Editor's Note: Original Sec. 3-2-42, Permitted
fires, which immediately followed this section, was deleted 8-9-1999
by Ord. No. 8-99.
[Added 10-9-2018 by Ord. No. 5-2018]
A.
Cooking. A person may use a fire to cook food if the person uses
an outdoor cooking apparatus approved for use by a nationally recognized
standards organization, such as Underwriters Laboratory, and the person
does not create a nuisance.
B.
Salamanders. Construction workers and other outdoor workers may use
a salamander or other device fired with propane gas, No. I or No.
2 fuel oil for heating if the device does not create visible emissions.
C.
Recreational fires. A person may set a contained fire in a chiminea,
fire bowl, or similar device which is not larger than three feet in
diameter, and not within 10 feet of any structure or property boundary;
or in a fire pit dug into the ground or encased in a surrounding structure
of masonry or steel not larger than three feet in diameter and not
within 25 feet of a structure or property boundary; and the person
does not create a nuisance.
A.
The City Manager shall be responsible for the preparation
of suitable forms for applications for permits and issuance of permits.
The application shall describe in detail the nature of the material
or structure to be burned, the location, date and hours of the proposed
burning and such other information as may be determined appropriate
by the City Manager, including the availability of appropriate fire-fighting
equipment or other protective measures. The City Manager shall post
the property and notify all contiguous property owners and wait 15
days after the sending of such notice, in writing, before making a
determination whether to grant the requested permit. The notice to
all contiguous property owners shall state that all comments concerning
the permit requested must be made to the city office within 15 days.
The City Manager shall not approve the application unless he or she
is satisfied that all of the following criteria have been satisfied:
(1)
That the proposed burning is desirable either for
property maintenance or for public health and safety.
(2)
That public provisions have not been made for the
collection and removal of the materials proposed to be burned.
(3)
That there is no reasonably practical alternative
to the proposed burning.
(4)
That the materials proposed to be burned are not predominantly
characteristic of those that produce dense smoke, such as rubber tires,
roofing materials or similar items.
B.
Upon issuance of the permit, the City Manager shall
set forth thereon any restrictions to be imposed on the proposed burning
and shall give appropriate notice to all adjoining property owners
of the date and time of the proposed burning.
[Added 8-9-1999 by Ord. No. 8-99]
The Council may approve a fee for administrative
cost for permit processing.
The issuance of any permit shall not relieve
the applicant for the permit or any person causing or permitting an
open fire from responsibility and liability for any injury that may
result from the burning, nor shall such person be relieved of his
or her obligation to secure any other permits for the burning that
may be required by any other law.
[Amended 8-9-1999 by Ord. No. 8-99]
Any violation of the provisions of this chapter
shall be deemed a misdemeanor and shall be punishable by a fine not
to exceed $1,000 or imprisonment for a period not to exceed six months,
or both.
