§ 96.04 FIRES.
   (A)   Prohibited fires.
      (1)   It shall be unlawful for any person to build or set a bonfire, pit fire, recreational fire or conduct open burning.
      (2)   Beach fires. It shall be unlawful for any person to start or set a fire of any kind on the ocean or sound beaches.
   (B)   Allowed fires. The following activities involving contained burning shall be allowed provided all fire safety precautions are observed, the burning is conducted under responsible supervision, as specified below, and the activities are not detrimental to the community:
      (1)   Fires built or set by the Fire Department for the training of its personnel.
      (2)   Fires built or set in emergency situations, as designated in writing by the Town Manager to dispose of combustible materials that cannot otherwise be reasonably removed.
      (3)   Burns conducted by the N.C. Forest Service or U.S. Fish and Wildlife Service for hazard mitigation purposes.
      (4)   A contained fire is allowable under the following conditions specified below:
         (a)   The occupant of a permanent dwelling may build or set a contained fire.
         (b)   No fire of any type shall be built or set on unimproved property (any property where a permanent dwelling or business unit does not exist).
         (c)   An outdoor fireplace or barbeque grill may be used in accordance with the manufacturer’s instructions but not within 10 feet of a structure or combustible material.
         (d)   The occupant of a permanent dwelling may set a contained fire to burn small amounts of refuse, tree branches, or brush using a fireproof container such as a burn barrel, provided the fire is not located within 25 feet of a structure or combustible material.
         (e)   Contained fires used to burn small amounts of refuse, tree branches, and brush shall only be allowed only between the hours of 8:00 a.m. and 6:00 p.m.
         (f)   All fires of the type described in this section must be monitored by a competent person 16 years of age or older who must remain in attendance at the fire until it is completely extinguished.
         (g)   An extinguishing agent (i.e., fire extinguisher) or water source sufficient to extinguish the fire shall be readily available within 25 feet of the contained fire.
   (C)   Prohibited items.
      (1)   It shall be unlawful for any person to burn any materials that produce heavy dense smoke such as that generated by the burning of automobile tires, inner tubes, tar paper, asphalt, shingles, or by the burning of synthetic materials that produce irritating and/or hazardous fumes.
      (2)   Except as otherwise provided in this section, it shall be unlawful for any person to use, ignite or explode any firework, pyrotechnic display, or sky lantern as defined in this section. These provisions shall not be applicable to town sponsored events or signal flares for emergency use.
(Ord. 20-04, passed 7-1-2020) Penalty, see § 96.99