(a) Purpose. The purpose of this section is to regulate certain open burning in order to protect the public from the hazards of fires and air pollution.
(b) Scope. This regulation shall apply to all operations involving open burning except those specifically exempted by this section.
(c) No open burning allowed. No person shall cause, suffer, allow or permit open burning of refuse or other combustible material except as may be allowed in compliance with this section. Furthermore, the town of Cary burning permit must remain on the premises during the hours of burning.
(d) Permissible open burning with required permit. While recognizing that open burning contributes to air pollution, certain types of open burning may reasonably be allowed in the public interest. The authority to conduct open burning under the provision of this section does not exempt or excuse a person from the consequences, damages or injuries which may result from such conduct nor does it excuse or exempt any person from complying with all applicable laws, ordinances, regulations, and orders of other governmental entities having jurisdiction even though the open burning is conducted in compliance with this section. The following types of burning are permissible with a town of Cary burning permit:
(1) Fires purposely set to agricultural lands for disease and pest control and other accepted agricultural or wildlife management practices.
(2) Fires purposely set to forest lands for accepted forest management practices.
(3) Fires purposely set in rural areas for rights-of-way maintenance.
(4) Camp fires and fires used solely for outdoor cooking and other recreational purposes or for ceremonial occasions or human warmth and comfort. These fires shall be confined to containers approved by the town of Cary fire department.
(5) The burning of waste materials, trees, brush and other vegetable matter in connection with construction projects and the clearing of land or rights-of-way and with the following limitations:
a. Prevailing winds at the time of burning must be away from any city or town or built-up area, the ambient air of which may be significantly affected by smoke, fly-ash, or other air contaminants from the burning;
b. The location of the burning must be at least 1,000 feet from any dwelling located in a predominantly residential area other than a dwelling or structure located on the property on which the burning is conducted;
c. The amount of dirt on the material being burned must be minimized;
d. Heavy oils, asphaltic materials, items containing natural or synthetic rubber or any materials other than plant growth may not be burned;
e. Initial burning may generally be commenced only between the hours of 9:00 a.m. and 3:00 p.m., and no combustible material may be added to the fire between 3:00 p.m. of one day and 9:00 a.m. of the following day, except that under favorable meteorological conditions deviation from the above-stated hours of burning may be granted by the air pollution control agency having jurisdiction. It shall be the responsibility of the owner or operator of the open burning operation to obtain written approval for burning during periods other than those specified above. At no time during the burning operation shall the permittee fail to have the fire tended or guarded.
(6) Motor vehicle salvage operations may be continued subject to the following limitations:
a. Permission to burn must be granted in writing by the state department of natural resources and community development;
b. No automobile tires shall be burned or used in starting a fire.
(7) Open burning of leaves, tree branches or yard trimmings originating on the premises of private residences and burned on those premises in areas where no public pickup facilities are available, and such burning is done between 9:00 a.m. and 3:00 p.m. and does not create a nuisance.
(8) Permits or permissions granted by the town under this section shall be subject to continued review and may be withdrawn at any time.
(Code 1976, § 8-26; Code 1982, § 9-47; Ord. No. 86-19, § 3, 5-8-1986)