(A) No person shall cause, suffer, allow or permit open burning of refuse or other combustible material within the corporate limits of the town, except as may be allowed and permitted by (B) below.
(B) While aware that open burning within the confines of a municipality creates a hazard to life and property, it is recognized that certain types of burning may be allowed as in the public interest; therefore, the following types of burning are allowed as specified:
(1) Fires purposely set for the instruction and training of public and industrial firefighting personnel;
(2) Fires purposely set of agricultural land for disease control and pest control;
(3) Campfires and fires used solely for outdoor cooking and other recreation or ceremonial purposes or for human warmth and comfort;
(4) Open burning in other than predominantly residential areas for the purpose of land clearing or right-of-way maintenance. This will be exempt only if the following conditions are met:
(a) Prevailing winds at the time of burning must be away from the built-up areas;
(b) The location of the burning must be at least 1,000 feet from any dwelling, church, or school located on a property other than that on which the burning is conducted;
(c) 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. 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;
(d) Prior to igniting such fires, notification shall be made to the Fire Department. The Chief of the Fire Department shall make such on-site inspections as shall be necessary to ensure compliance with the provisions of this article;
(e) A night fire watchman shall be posted at the site of any fire when directed by the Fire Chief upon determination that a watchman is necessary to protect adjoining property;
(f) The clearing of ground adjacent to such fires of all trees, underbrush and trash shall be in compliance with the orders and instructions of the Fire Chief;
(g) Permission granted under this section shall be subject to continued review and may be withdrawn at any time.
(C) The Chief of the Fire Department shall order the extinguishing of any fire, or the Fire Department may extinguish any such fire not in conformity with the provisions of this article, or any such fire which shall endanger adjacent property.
(D) The authority to conduct open burning does not exempt or excuse any person from the consequences, damages or injuries which may result from such burning.
(1989 Code, § 5-60) (Ord. passed 4-19-88) Penalty, see §§ 5-90 et seq.