(A) (1) (a) Fires to dispose of natural, untreated, and unprocessed materials (such as tree trimmings, grass, leaves, and similar garden waste) are permitted inside the city limits on the following days and times:
1. 5:00 p.m. Thursdays to 7:00 a.m. Fridays.
2. 5:00 p.m. Fridays to 7:00 a.m. Saturdays.
3. 5:00 p.m. Saturdays to 7:00 a.m. Sundays.
(b) All such fires are to be fully extinguished by 7:00 a.m.
(2) (a) Prior to such fires, a permit must be applied for and received from the Chief of the Elkins Fire Department or a designee thereof. The Fire Chief shall have discretion in issuing these permits and may require changes to the proposed burning plan as necessary to reduce the risk of harm to life and property.
(b) Before such fires are ignited, the area immediately surrounding the material to be burned shall be cleared of other flammable material for a distance sufficient to ensure that the fire will be contained. This safety strip shall in no event measure less than ten feet from all sides of the material to be burned.
(c) Fires shall be attended at all times. The issuance of permits does not relieve holders thereof from their responsibility to monitor wind and other conditions that may necessitate the cancelling or early extinguishing of otherwise permitted fires. Elkins Fire Department personnel also have the authority to order the extinguishing of any fire, permitted or not, when in their judgment it poses a risk to life or property.
(B) Fires to dispose of non-natural materials, including but not limited to paper, garbage, lumber and other construction debris, and other refuse, are prohibited, even if contained in a burn barrel or similar container.
(C) Fires to clear grasslands or forests are prohibited.
(D) Small fires set for the purpose of food preparation or for providing light or warmth, the area around which has been cleared of flammable materials in the manner described above, are allowed whenever wind and other conditions do not render them unsafe.
(E) Any person who sets or causes to be set any fire in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount set forth by Council from time to time.
(F) Any person who sets or causes to be set any fire that escaped the safety strip and causes damage to the lands or property of another is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount set forth by Council from time to time.
(1991 Code, § 8-6) (Ord. passed 3-7-1963; Ord. 296, passed 3-3-2022)
Penalty, see § 92.999
Statutory reference:
For corresponding provisions of state law, see W.Va. Code § 20-3-5