ORDINANCE 2021-21

AN ORDINANCE OF THE BOROUGH OF SEASIDE PARK, COUNTY OF

OCEAN AND STATE OF NEW JERSEY AMENDING CHAPTER 338 OF
THE CODE OF THE BOROUGH OF SEASIDE PARK, ENTITLED
“PEACE AND GOOD ORDER” SO AS TO AMEND SECTION 338-47
ENTITLED “VIOLATIONS AND PENALTIES” SO AS TO CREATE A
NEW SECTION TO PROVIDE FOR THE REGULATION OF
RESIDENTIAL OUTDOOR FIRES AND CREATING NEW SECTION 338-
48 FOR VIOLATIONS AND PENALTIES

WHEREAS, pursuant to N.J.S.A. 40:48-1 et seq., the governing body of every

municipality may make, amend, repeal and enforce such ordinances, regulations, rules and by-
laws not contrary to the laws of this state or the United States, as it may deem necessary and proper
for the good government, order and protections of persons and property, and for the preservation
of the public health, safety and welfare of the municipality and its inhabitants, and as may be
necessary to carry into effect the powers and duties conferred and imposed by law; and

WHEREAS, the Borough of Seaside Park is a body politic and corporate in law pursuant
to N.J.S.A. 40A:60-1 et seq.; and

WHEREAS, the Governing Body of the Borough of Seaside Park finds that recreational
fires 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 Borough of Seaside
Park. 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 Borough of Seaside Park to prevent the danger of fire
from open burning which is a detriment to the public health, comfort, safety, welfare and quality
of life; and

WHEREAS, it is in the public interest that the provisions, prohibitions and controls
hereinafter contained be enacted as a matter of legislative determination and public policy and be
adopted for the purpose of securing and promoting the public health, comfort, safety, and general
welfare and quality of life of the residents of the Borough of Seaside Park; and

NOW THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of

Seaside Park, County of Ocean, State of New Jersey:

SECTION I.

A. The Borough Code of Seaside Park, Chapter 338 Article IV entitled “Disorderly
Conduct,” is hereby amended and supplemented so as to amend Section 338-47, which
shall be entitled “Outdoor Fires” and read as follows:
SECTION 1.

No person shall authorize, create, or cause to create, kindle, or maintain any open
burning or fire unless conducted and permitted and/or approved in accordance with this
Section 1.

1. Permitted outdoor fires are limited to recreational fires entirely contained within
portable fire devices and permanent fire devices and which may only be lit and
maintained with clean firewood, charcoal, manufactured fire logs, propane, and
natural gas as permissible fuels. All other fuels, including but limited to, brush,
leaves, trees, trash, refuse, and treated and wet wood are prohibited.

2. All permitted outdoor fires shall be maintained in a manner that ensures any
smoke or embers arising therefrom do not interfere with the air quality, peace
and quiet enjoyment of neighboring residents.

3. With the sole exception of grills and related permitted cooking devices, all
portable fire devices and permanent devices shall possess and employ an ember
suppressing lid (stone/masonry devices must have a lid or screen).

4. Residential outdoor fires must be attended at all times by a competent adult

owner or legal resident of the property, age 18 years old or older, from the time
the fire is commenced until said fire is completely extinguished.

5. No outdoor fire may be set on residential property with ten (10) feet of any
property line, or of any primary or accessory structure on the property,
including but not limited to, any dwelling, garage, fence, hazardous landscape,
shed, or deck.

6. Outdoor fires utilized for any other recreational purposes must be contained in
a manufactured device designed for such purpose and utilized strictly in
accordance with the manufacturer’s requirements or, alternatively, in a proper
non-combustible stone, cement, brick, tile or metal firepit of no more than 3
feet in diameter and shall not exceed 3 feet in height.

7. Following the passage of this Section, no new firepits may be constructed

without the proper permits and inspections. For all existing firepits within the
Borough, should the Fire Chief or his designee determine that a firepit is unsafe,
he/she may order that said firepit not be used until he/she or his designee deem
said firepit safe.

8. Any open burning or outdoor fires shall be required to be in compliance with

the New Jersey Uniform Fire Code.

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 9. A fully functioning fire extinguisher or garden hose that is properly connected
to an unlimited water source must be available for fire extinguishment purposes
whenever any fire is ongoing.

10. Flames may not exceed two (2) feet at any time, should the prevailing winds
cause the smoke from said fire to blow into a neighboring dwelling or any
property lot line, said fire must be extinguished immediately. The Fire Chief
or his designee is authorized to require any residential outdoor fire be
immediately extinguished if he/she determines that said fire constitutes a
hazardous condition. In addition, all members of the Borough Fire Department
and Borough Police Department are authorized to require that any residential
outdoor fire be immediately extinguished if smoke emissions are found to be
offensive to occupants of surrounding properties.

11. The Fire Chief may prohibit all outdoor fires within the Borough when weather
conditions or other local circumstances make such fires hazardous.

12. All permanent fire devices shall be constructed at grade level of the subject
property.

13. Portable barbecue grills shall be exempt from this Section.

14. The provisions of this Section shall be fully enforceable by the Fire Chief and/or
his designee, the Chief of Police and/or any member of the Police Department
of the Borough of Seaside Park and the Code Enforcement Officer of the
Borough of Seaside Park.

B. The Borough Code of Seaside Park, Chapter 338 Article IV entitled “Disorderly
Conduct,” is hereby amended and supplemented so as to add new Section 338-48,
which shall be entitled “Violations and Penalties” and read as follows:

Any person who violates any one or more sections of this article shall be subject to the
general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.

SECTION II.

All ordinances or parts thereof, which are inconsistent with the provisions of this
Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION III.

In the event any section, part or provision of this Ordinance shall be held unconstitutional
or invalid by any Court, such holding shall not affect the validity of this Ordinance or any
remaining part of this Ordinance other than the part held unconstitutional or invalid.

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 SECTION IV.

This Ordinance shall take effect immediately upon its final passage and publication as
required by law.

__________________________________
Approved this ___ day of , 2021:
Borough of Seaside Park
Honorable John A. Peterson Jr., Mayor

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and
approved on first reading at the regular meeting of the Governing Body of the Borough of Seaside
Park, in the County of Ocean, held on the 16th day of September, 2021 and will be considered for
second reading and final passage at the regular meeting of said Governing Body to be held on the
30th day of September 2021 at 7:00 p.m. in the Council Chambers, located at Sixth & Central
Avenues, Seaside Park, New Jersey, at which time and place any person desiring to be heard will
be given an opportunity to be so heard.

_______________________________________
Sandra Martin, RMC
Borough Clerk, BOROUGH OF SEASIDE PARK