(a) Applicability. The provisions of this section are applicable to all open burning within the limits of the city.
(b) Definitions. "Open burning" means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.
"Fire Prevention Code" refers to the Kentucky Standards of Safety adopted by the Commonwealth of Kentucky in 1990, or any subsequent additions or amendments thereof.
(c) Prohibition of open burning.
(1) No person shall cause, suffer, or allow any open burning except as follows:
a. Small fires for the cooking of food for human consumption on other than commercial premises;
b. Small fires for recreational or ceremonial purposes;
c. Small fires set by construction and other workers for comfort heating purposes, providing excessive or unusual smoke is not created;
d. Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires;
e. Fires set for recognized agricultural, silvicultural, range and wildlife management practices; or
f. Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, where no other economically feasible means of disposal is available and practical.
(2) Any person who causes, suffers, or allows any open burning pursuant to the exceptions set forth in paragraphs (a) - (f) above unless said fire is in an agricultural-residential (AR-1) zone, as defined by the zoning ordinance], shall first obtain a burn permit through the Danville Fire Prevention Bureau, located inside the Danville Municipal Building. Such permit shall be obtained a minimum of ten (10) days prior to the burn date, in accord with the fire prevention code. Burns may occur only between the hours of one o'clock in the afternoon and nine o'clock in the evening.
(3) Where such a permit has been submitted and approved, the applicant shall make provisions to have the burn site attended and monitored at all times, and to have adequate hoses or other reliable sources of water delivery available for extinguishment of the fire and for protection of nearby exposures.
(4) As per the Fire Protection Code, the code official shall prohibit open burning which will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The code official shall order the extinguishment, by the permit holder or by the division of fire, of any open burning which creates or adds to a hazardous or objectionable situation.
(d) Penalty.
(1) Any person violating any provision of this section shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the court. Each day of violation shall constitute a separate offense.
(2) In addition to the penalties provided for in paragraph (1) any condition which constitutes a violation of this section may be abated by the city, and the costs of such abatement may be charged against the offender.
(Ord. No. 1343, §§ 1-4, 6-25-85; Ord. No. 1473, § 1, 2- 9-93)