(A) Purpose. This section is intended to promote the public health, safety, and welfare and to safeguard the health, comfort, living conditions, safety, and welfare of the citizens of the town by regulating the air pollution and fire hazards of open burning and outdoor burning.
(Prior Code, § 10-21)
(B) Applicability. This section applies to all outdoor burning and open burning within the town.
(1) This section does not apply to grilling or cooking food using charcoal, wood, propane, or natural gas cooking of grilling appliances.
(2) This section does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.
(3) This section does not apply to the use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction, or maintenance activities.
(Prior Code, § 10-22)
(C) Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
(Prior Code, § 10-23)
(D) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMPFIRE. A small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD. Natural wood which has not been painted, varnished, or coated with a similar material; has not been pressure-treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
CONSTRUCTION AND DEMOLITION WASTE. Building waste materials including, but not limited to: waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
FIRE CHIEF. The Chief of the Town Fire Department or other person designated by the Fire Chief.
MUNICIPALITY. The Town of Arapaho, Oklahoma.
OPEN BURNING. Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
OUTDOOR BURNING. Open burning or burning in an outdoor wood-fired boiler or patio wood-burning unit.
OUTDOOR WOOD-FIRED BOILER. A wood-fired boiler, stove, or furnace that is not located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT. A chiminea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
REFUSE. Any waste material except trees, logs, brush, stumps, leaves, grass clipping, and other vegetative matter.
(Prior Code, § 10-24)
(E) General prohibition. Open burning and outdoor burning are prohibited in the town limits unless the burning is specifically permitted by divisions (B) through (H) in this section.
(Prior Code, § 10-25)
(F) Open burning of refuse. Open burning of refuse is prohibited.
(Prior Code, § 10-26)
(G) Open burning of trees, logs, brush, stumps, leaves, and grass clippings. Open burning of trees, logs, brush, stumps, leaves, and grass clippings are prohibited.
(Prior Code, § 10-27)
(H) Patio wood-burning units.
(1) The patio wood-burning unit shall not be used to burn refuse.
(2) The patio wood-burning unit shall burn only clean wood.
(3) The patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit.
(4) The patio wood-burning unit shall not cause a nuisance to neighbors.
(Prior Code, § 10-28)
(I) Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
(Prior Code, § 10-29)
(J) Right of entry and inspection. The Fire Chief or any authorized officer, agent, employee, or representative of the town who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
(Prior Code, § 10-30)
(K) Enforcement. The Fire Chief, Chief of Police, and other designated town officials are authorized to enforce the provisions of this section.
(Prior Code, § 10-31) Penalty, see § 10.99