(A) Open burning restricted; general prohibitions.
(1) It shall be unlawful at all times to cause, suffer or allow any open burning on any real estate zoned or used for multiple-family dwellings, businesses, apartment complexes or mobile home parks.
(2) It shall be unlawful to cause, suffer or allow any open burning of any substance other than wood products at any place within the town, except as permitted by divisions (B) and (C) below; provided, no person shall cause, suffer, allow or permit the emission into the atmosphere of any substance or combination of substances from the burning of wood products as allowed therein in quantities as to cause annoyance or constitute a nuisance so as to interfere with the health or well-being of any individual in his or her home or place of employment or recreation or as to interfere with the normal use and enjoyment of any such place.
(B) Residential burning limited. Residents of single- or double-family dwellings located on one or more residential lots shall be permitted to open burn only wood products originating on the premises only as hereinafter provided between the hours of 10:00 a.m. to 7:00 p.m. Burning shall be more than 15 feet from any structure, in a noncombustible container, sufficiently vented to induce adequate primary combustion air, with enclosed sides, a bottom and a mesh covering. Fires shall be attended at all times until completely extinguished. If fires create a nuisance, or a health hazard, they shall be extinguished.
(C) Limited burning for special purposes. The open burning of wood products which does not create a nuisance or a fire hazard and which is attended by a responsible person at all times until completely extinguished may be permitted for the following purposes:
(1) Ceremonial fires and bonfires: a bonfire in connection with a religious ceremony, school pep rallies, scouting activities and similar purposes;
(2) Camp fires and fires for cookouts;
(3) Fire for personal comfort:
(a) Fires required for personal comfort; and
(b) A bonfire in connection with recreational activities included but not limited to sledding and ice skating.
(4) Open burning of agricultural wastes (not including household garbage or refuse):
(a) Open burning of plant life grown on the premises in the course of agricultural operations, when it can be shown that the open burning is necessary and that no fire hazard will occur, provided the person intending to dispose of plant life by open burning shall obtain approval from the Town Marshal or the Town Utility Department;
(b) Any open burning permitted under the provision of this subsection shall be permitted only between the hours of 10:00 a.m. and 4:00 p.m.; or
(5) Indoor stoves and fireplaces: fires shall be permitted in indoor wood stoves and fireplaces where the fire does not create an air pollution problem, a nuisance or a fire hazard.
(D) Variances for open burning. Open burning not otherwise permitted by this section may be permitted with prior permission of the Town Council, Town Marshal or Town Utility Department.
(E) Liability. Any person who allows the accumulation or existence of combustible material which constitutes or contributes to a fire causing air pollution shall not be excused from responsibility therefor on the basis that the fire was accidental or an act of God.
(F) Enforcement of section. This section is enforceable by the Town Council and the Town Marshal.
(Ord. 1985-6, passed 10-8-1985) Penalty, see § 90.99