(A) Whenever the state’s Division of Forestry notifies the county that an extraordinary fire hazard exists in the county as determined by the National Fire Danger Rating System and Fire Occurrence, the County Judge/Executive, in his or her discretion, may proclaim an executive order that such a condition exists in the county.
(B) No person shall, when a proclamation as provided for in division (A) above has been issued, light or maintain an open fire at any location in the county, while such proclamation is in effect. Any person violating this section shall be subject to the fines and penalties provided in § 151.99.
(C) Notice of the proclamation provided for in division (A) above shall be published in the Winchester Sun.
(D) Guidelines for individuals who desire to open burn:
(1) All persons desiring to burn must call the county’s Fire Department to request permission to do so;
(2) An officer from the county’s Fire Department may refuse the request to burn based on weather conditions;
(3) Burning shall not be permitted within 150 feet of any wooded area or within 50 feet of any structure, except for the burning of piles of leaves;
(4) An officer of the county’s Fire Department may inspect and extinguish, or cause to be extinguished, any fire that is deemed unsafe or a hazard to the health or safety of the public;
(5) All debris piles that are permitted to burn shall:
(a) Have adequate access for fire and emergency vehicles;
(b) Be attended at all times; and
(c) Attendant must have equipment on hand to prevent the spread of fire.
(6) Restrictions during fire hazards seasons shall be observed per KRS 149.400;
(7) The only allowable burning is that stated as permissible in 401 KAR 63:005; and
(8) The Fire Department may recover the cost for suppression of fires started in violation of this section.
(Prior Code, § 72.002) (Ord. 87-3, passed 2-25-1987; Ord. 2016-6, passed 5-11-2016)
Cross-reference:
Outdoor and open burning as nuisances, see §§ 90.50 et seq.