Open burning of trees, logs, brush and stumps is allowed only in accordance with the following provisions:
(A) A permit in accordance with § 93.39 must be obtained prior to open burning under this section.
(B) Except for barbeque, gas, and charcoal grills, no open burning shall be undertaken during periods when the Governor of Kentucky or Fleming County Judge Executive has issued a burning ban applicable to the city.
(C) All allowed open burning shall not create a visibility hazard on roadways, and all open burning shall be conducted in conformance with all local and state protection regulations.
(D) Open burning shall be conducted only on the property on which the materials were generated or naturally deposited.
(E) Outdoor campfires for cooking, ceremonies or recreation are allowed. Campfires must be confined and in a properly placed debris burner constructed of metal or masonry. Debris burners shall not be larger than three (3) feet square or three (3) feet in diameter and located not less than twenty-five (25) feet away from any building or not less than ten (10) feet from any adjoining property line. Campfires must be supervised at all times by an adult eighteen (18) years of age or older. No permit shall be required for such fires.
(F) Open burning under this section shall be conducted at least twenty-five (25) feet from any building and 10 feet from any property line.
(G) Except for campfires, open burning shall only be conducted from sunrise to sunset.
(H) Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available fire extinguishing equipment as may be necessary for the total control of the fire. One adult must be in attendance of each fire (three fires = three attendees). The adults in attendance must be free from the effects of alcohol and/or illegally used controlled substances and/or prescribed medications that may impair proper judgment.
(I) Open burn fires must not exceed eight (8) feet in diameter or square.
(J) No material may be burned upon any street, curb, gutter, sidewalk, or street right-of-way (this includes ditches).
(K) No fire may be set to a grown up area for the purpose of cleaning up that area.
(L) Barbeque, gas, charcoal grills, and patio wood-burning units are exempt under this section.
(M) The Fire Official shall have the authority to implement a temporary burning ban due to environmental conditions including but not limited to high winds or extremely dry conditions. The Fire Official shall make a reasonable attempt to inform the public of the ban using available resources. If a temporary burning ban is imposed, the Fire Official shall have the authority to implement alternate burning times. The alternate burning times shall be comparable in length to the temporary burning ban.
(N) The city may temporarily suspend any of the terms and conditions of this subchapter for reasons it deems appropriate. The city, after consultation with the Fire Official or the Fire Marshal, may allow additional open burning times if a storm or storms result in large amounts of downed trees and branches. Such additional open burns shall otherwise comply with the applicable requirements of this subchapter.
(Ord. 3-09-1, passed 3-9-09) Penalty, see § 93.99