2967-26 Fire Pit Ordinance-Redlined.pdf

2967-26 AN ORDINANCE AMENDING CHAPTER 18 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE TO ADD A SECTION REGARDING FIRE PITS WHEREAS, the Governing Body of the Township of West Orange recognizes the increasing popularity of outdoor fire pits and portable fireplaces; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person 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 this subtitle, or by any law; and WHEREAS, it is necessary to establish reasonable regulations for their safe use to protect public health, safety, and welfare and to comply with applicable state and fire code requirements; and WHEREAS, the Governing Body finds that without reasonable regulations, 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 lives of the residents of the Township and that the residents have a right to and should be ensured of an environment free from noxious fumes and the threat of fire, but that residents of the Township also have the right to enjoy and use their private property, which may include the setting of recreational fires in accordance with the adopted rules and regulations, and it is the intention of the Governing Body to strike the appropriate balance between these rights in adopting rules and regulations governing the same; and WHEREAS, the Governing Body finds that it is in the public interest that the provisions, prohibitions and controls concerning recreational fires 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 Township. NOW THEREFORE, BE IT ORDAINED by the Municipal Council of the Township of West Orange, New Jersey as follows: SECTION 1. The foregoing whereas clauses are incorporated herein by reference

he Township. NOW THEREFORE, BE IT ORDAINED by the Municipal Council of the Township of West Orange, New Jersey as follows: SECTION 1. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. Chapter 18 of the Revised General Ordinances of the Township of West Orange be and is hereby supplemented in the Revised General Ordinances of the Township of West Orange to add Section 7 regarding outdoor fire pits and portable fireplaces.