A. Without Permit:
1. Unless prohibited by state statutes or regulations, other town ordinances, applicable declarations of closed fire seasons, or the order of a law enforcement officer, the town fire and rescue chief, or his duly authorized agent, the following types of burning are permitted without a permit:
a. Fires in outdoor grills, fireplaces, or similar devices for the primary purpose of preparing food, provided the devices are not used for the burning of refuse, trash, garbage or other waste in areas where there is a public or duly licensed disposal service available.
b. Campfires and other recreational fires; provided, that such fires are attended and under the control of a responsible person; and further provided, that no such fire shall be permitted during any closed fire season as declared by the county fire chief or the town fire chief, notice of which has been published once in a newspaper of general circulation.
c. Fires in indoor fireplaces.
d. Burning on the premises of combustible household wastes generated by occupants of dwellings of four-family units or less in those areas only where no public or duly licensed disposal service is available.
2. A burning permit is not required for the burning of fence lines on cultivated lands, canals or irrigation ditches where the burning will not pose a threat to forest, range or watershed lands, provided due care is used in the control of the burning and that the individual notifies the fire department of the approximate time the burning will occur.
B. Permit Required: Unless prohibited by state statutes or regulations, other town ordinances, applicable declarations of closed fire seasons, or the order of a law enforcement officer, the county fire chief or the town fire chief, or his duly authorized agent, the following types of burning are permitted, providing that a permit has first been obtained:
1. The burning of prunings from trees, brushes and plants, or of dead or diseased trees, bushes and plants, including stubble, incidental to horticultural or agricultural operations.
2. The controlled heating of orchards or other crops to minimize damage from freezing temperatures; provided, that the emissions from such heating shall not violate any minimum standards established by the state department of health.
3. Open burning of materials or structures when conducted under the control and supervision of the town fire chief.
4. Fires for firefighter training purposes when conducted under the direct control and supervision of the town fire chief.
5. Open burning, at an approved site, of hazardous materials for which there is no reasonable alternate practical method of disposal; provided, that such burning shall be under the supervision of the town fire chief and in accordance with state law.
6. Other open burning for special purposes or under unique circumstances when approved by the town fire chief and the county health department following a formal request therefor.
7. Fires on any town property, including roads, rights of way, ditch banks, river bottom lands, wild lands, or other areas of town domain. (Ord. 02-03, 3-14-2002)