Home / Departments / Police including Emergency Management / Fact Sheets / City of Sanibel's Open Fire Ordinance

City of Sanibel's Open Fire Ordinance

Fire Laws

Sec. 34-81. Open fires prohibited.

It shall be unlawful to light or maintain any open fire anywhere in the City. The term "fire" as used in this section shall not be construed to mean or include a fire in a furnace, stove, boiler or fireplace inside of a building, a fire in a lantern or gaslight, or a fire used to light a cigarette, cigar, or tobacco pipe.

(Code 1981, § 8-12)

Sec. 34-82. Burning refuse

It shall be unlawful to burn rubbish, refuse or vegetative debris of any kind anywhere in the city, except as permitted in subsection 34-83(8).

(Code 1981, § 8-13) Cross references: Solid waste, ch. 54.

Sec. 34-83. Exceptions.

The provisions of this article are subject to the following exceptions and under the following conditions:

(1) A campfire or other fire used solely for recreational purposes if a permit is secured from the City Fire Control District authorizing such campfire or other fire used solely for recreational purposes.

(2) A fire for noncommercial preparation of food, so long as excessive visible pollutants are not emitted and so long as such fire is in a cookstove, grill, or other device designed for such purpose.

(3) A fire for commercial preparation of food, so long as all applicable city permits are first secured, and so long as a permit is secured from the City Fire Control District.

(4) A fire used for instruction or training of organized firefighters under the supervision of a public fire control official.

(5) A fire for the destruction of obsolete explosives, ineffective materials or other substances dangerous to the public health, for which other means of destruction are not suitable or practicable, and then only on specific permission in writing from the state department of environmental protection.

(6) A fire set in the performance of official duty by a public officer as necessary to prevent or contain a fire hazard.

(7) Prescribed burning of federal, state, county, municipal or wildlife conservation lands if a permit is secured from the City Fire Control District, the State Division of Forestry and the City Council, authorizing such burning, or other prescribed burning authorized by the Florida Prescribed Burning Act, F.S. § 590.026.

(8) A fire to burn vegetative debris resulting from land clearing, providing all the following conditions are met:

a. A permit is secured from the City Fire Control District, the state division of forestry, and the city, authorizing such fire.

b. The provisions of F.A.C. ch. 62-256 are met. In addition, all open burning shall use an air curtain incinerator, regardless of setback distance to an occupied structure unless the burn is to facilitate habitat restoration on lands owned or managed for conservation purposes by the city, a legally authorized conservation organization, the state or federal government, or to burn debris collected by the City after a bona fide Island wide emergency.