(A) While recognizing that open burning contributes to air pollution, certain types of open burning may reasonably be allowed in the public interest. The authority to conduct open burning under the provisions of this section does not exempt or excuse a person from the consequences, damages, or injuries which may result from such conduct nor does it excuse or exempt any person from complying with all applicable laws, ordinances, regulations, and orders of governmental entities having jurisdiction even though open burning is conducted in compliance with this section.
(B) The following types of open burning are permissible with a town burning permit.
(1) Fires purposely set to agricultural lands for disease control, pest control, and other accepted agricultural or wildlife management practices.
(2) Fires purposely set to forest lands for accepted forest management practices.
(3) Fires purposely set in rural areas for rights-of-way maintenance.
(4) Camp fires and fires used solely for outdoor cooking and other recreational purposes or for human warmth and comfort, when confined to containers approved by the Fire Chief or their designee.
(5) The burning of trees, brush, and other vegetable matter in connection with construction projects or the clearing of land or rights-of-way, with the following limitations:
(a) Prevailing winds at the time of burning must be away from any city, town, roadway, or built-up area, the ambient air of which may be significantly affected by smoke, fly-ash, or other air contaminants from the burning;
(b) The location of the burning must be at least 1,000 feet away from any dwelling other than a dwelling or structure located on the property on which the burning is conducted;
(c) The amount of dirt on the material being burned must be minimized;
(d) Heavy oils, asphaitic materials, items containing natural or synthetic rubber, or any materials other than plant growth may not be burned; and
(e) 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.
(6) Open burning of leaves, tree branches, or yard trimmings originating on the premises of private residences and burned on the premises of origin in areas where no public pickup facilities are available, only when such burning is done between 9:00 a.m. and 3:00 p.m. and does not create a nuisance.
(Ord. 2015-12-0426, passed 12-14-2015)