(A) Definition. For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.
OPEN BURNING. The burning of any materials wherein smoke, ash, or embers are emitted into the air without passing through a stack or chimney. OPEN BURNING does not include smoking.
(B) General. No person shall start, kindle, cause, allow, or maintain any form of open burning on private or public property, except as specifically authorized by this section or except as permitted, in writing, by the Town Marshal.
(C) Exemptions. Provided that the burning complies with applicable state and federal statutes, regulations, or other law and that the size of the fire does not exceed one foot high by two feet wide and two feet long, the following types of open burning shall be allowed:
(1) The burning of charcoal, clean untreated wood, and other cooking fuels customarily used in an outdoor grill or traditional food cooking devices;
(2) The burning of clean untreated wood in a commercially manufactured outdoor fire pit, commercially manufactured outdoor fire place, or other reasonably safe outdoor fire pit or outdoor fire place, provided that:
(a) The fire is wholly contained within the fire pit or fire place;
(b) The fire pit or fire place is covered by a screen if necessary to control the emissions of ash and embers;
(c) The fire does not constitute a nuisance;
(d) The fire is not within ten feet of combustible materials;
(e) The fire is not unattended and is fully extinguished if not attended; and
(f) There is not more than one fire pit or fire place located on the lot.
(3) Burning for bona fide ceremonial or bona fide religious purposes.
(D) Fire Department.
(1) Even if the burning would be otherwise allowed under this section, no open burning shall occur if, in the discretion of the Town Marshal, said burning represents a danger to the public health, safety, or welfare.
(2) Burning by any government subdivision or government agency for training or other purposes shall not be prohibited by any division of this section.
(E) Leaves. No person shall burn leaves, refuse, or any other similar substances except by the express written approval of the Town Marshal.
(Ord. 2018-569, passed 8-13-2018) Penalty, see § 92.99