§ 92.35  OPEN BURNING.
   (A)   Consistent with state law, debris burning of any kind is not permitted within the town limits.  DEBRIS for this purpose include leaves, branches and other plant growth as well as garbage, paper, tires, building materials, and any other type of human-made or human-processed materials of any kind.
   (B)   Except as may be prohibited from time to time pursuant to the issuance of burning bans, ordinary and customary use for leisure purposes of fire pits, barbecues, outside fireplaces, chimineas and similar apparatus are permitted within the Town limits, and do not require permitting.
   (C)   Bonfires burned with appropriate firewood for purposes of group festivities are permitted with the advance approval of and a permit from the Fire Department.
   (D)   Burning bans.
      (1)   In the event the NC State Forest Service issues a ban on all outdoor burning, no open burning may be conducted in the town.
      (2)   A burning ban may be issued by the Fire Department in the event that atmospheric conditions or local circumstance make open fires hazardous.
         (a)   Atmospheric conditions that may warrant a burning ban include, but are not limited to:
            1.    Extended periods of low humidity (below 50%);
            2.   High winds;
            3.   Elevated temperatures; and
            4.   Lack of substantial rainfall.
         (b)   Local conditions that may warrant a burning ban include, but are not limited to:
            1.   Flammable and/or combustible liquid spills or leaks close to a burning site;
            2.   A hazardous materials incident where the proximity of the burn site could cause a possible ignition source or prove hazardous to operations controlling the incident; and
            3.   The proximity of adjacent structures or other hazards.
      (3)   In the event a burning ban is issued, whether by the NC State Forest Service or the Fire Department, the local media shall be notified by the Fire Department at the time the burning ban is issued and when it is lifted.
(Ord. passed 9-19-2019)  Penalty, see § 92.99