(c) The open burning of fires other than outdoor grilling of food is also permitted under the following circumstances:

   (1) The fire is contained within an outdoor burning device such as a chimenea, commercial fire pit, fire bowl or similar manufactured device.
   (2) The fire is within a pit located in the ground and surrounded by brick tile, or other materials at least eight inches in height, with a diameter no larger than 48 inches.
   (3) The combustible material is untreated wood or charcoal.
   (4) The location of the fire is no less than ten feet from any structure and no less than 18 feet from any boundary or property line.
   (5) The fire will be attended at all times by an adult.
   (6) There must be a fire-suppression device or extinguisher nearby and available for immediate use.
   (7) All fires must be extinguished by midnight. Fires shall not be allowed to smolder.
   (8) A permit shall have been obtained from the city clerk.

(d) The city clerk shall issue permits for the fires authorized herein and may charge a fee ($10) for the issuance thereof which fee amount shall be determined from time to time by resolution of the city council. The permit shall be effective for a period of five years after date of issuance and must be renewed upon expiration.

(e) Any violation of this section can result in the following: a 30-day suspension of the permit for a first violation, a civil infraction for a second violation and the imposition of costs of prosecution on a fire conducted without any permit. Any fire extinguished by the fire department will result in the assessment of costs against the owner of the property or occupant upon which the fire was located and extinguished.

(Ord. No. 651, 8-15-2006)