§ 92.23 REGULATIONS; BURN PERMITS.
   (A)   No refuse, trash or combustible or hazardous materials may be burned within the town limits.
   (B)   All persons planning on starting an open fire must obtain a burn permit prior to starting the fire. Burn permits may be obtained from the Town Clerk-Treasurer at Town Hall from 9:00 a.m. to 4:00 p.m., Monday through Friday, only.
   (C)   No burn permits will be issued when a burn ban has been placed on the town either by the Town Fire Department, the County Commissioners, the Governor of the state or any political subdivision thereof.
   (D)   Each burn permit is only valid for three days, and a new permit must be obtained each time that the permissible open fire is to be conducted.
   (E)   Each address of a controlled burn must have its own burn permit issued.
   (F)   The issued burn permit must remain on site at all times and be presented upon request by either the Town Fire Department or Police Department.
   (G)   All permissible open fires must be controlled by a competent individual at least 16 years of age or by a group of competent individuals at least 16 years of age at all times, and such fires must not be left unattended at any time. The individual or individuals controlling the fire must have some form of extinguishing device or pressurized water source, which includes a garden water hose with an on/off nozzle, ready to use at a moment’s notice at all times.
   (H)   All permissible open fires shall not be located within 50 feet of any type of structure.
   (I)   All permissible open fires shall be done from sunrise to sunset. All permissible open fires must be extinguished or smoldering at sunset.
   (J)   No permissible open fire shall be allowed any time the wind speed is above ten mph in any direction. If the wind speed increases to above ten mph during a permissible open fire, then the fire must be extinguished.
   (K)   No smoke from a permissible open fire may cross a road or highway or become a traffic hazard. If smoke does cross the road or highway or create a traffic hazard, then the permissible open fire must be extinguished immediately.
   (L)   The Town Fire Department and Police Department have the right to extinguish any permissible open fire or revoke any permit due to location, weather or local circumstances which would make a permissible open fire a hazard to the town.
   (M)   Burn pits and burn rings must be made of noncombustible materials and must have some form of fire extinguisher device or pressurized water source, which includes a garden water hose with an on/off nozzle, ready to use at a moment’s notice at all times.
      (1)   Burn pits are not to be more than four feet wide, and burning material cannot be larger than two feet tall. Anything over this requires a burn permit.
      (2)   A dirt-only pit must have a burn permit.
      (3)   Burn pits and burn rings are subject to the rules and guidelines placed by the County Commissioners and the Governor when burn bans are issued.
(Prior Code, § 8-404) (Ord. 2012-03, passed 7-10-2012) Penalty, see § 92.99