(A) Regulations.
(1) Open burning inside the city limits shall comply with KRS Chapter 149 and open burning regulations promulgated in 401 KAR 63:005.
(2) Open burning inside the city limits is only allowed by permit with the following exceptions:
(a) Contained fires set pursuant to division (B) herein below; or
(b) Fires set for the purpose of training employees in the methods of firefighting.
(B) Residential/recreational burning.
(1) A burn permit is not required for the noncommercial burning of permitted materials for warmth, cooking, camping, or similar purposes in an area that is three feet or less in diameter and three feet or less in height. Materials burned should be of seasoned wood and may not include rubbish, leaves, grass or other substances that will give off substantial smoke or obnoxious odors.
(2) The fire must be contained to a fire pit, either commercially built or one constructed with brick, concrete, stone, or metal. The fire must be completely contained in the fire pit.
(3) A burn permit is required for burning of permitted materials that are not contained to a fire pit.
(4) All such fires must be attended at all time by an individual over 18 years of age. The smoke and embers from any such fire shall not negatively affect neighboring property owners or create a risk of fire spread.
(C) Commercial/other burning.
(1) A burn permit is required for any open burning of trees, stumps, brush, and other vegetation for site-clearing purposes. The burning of non-permitted materials is prohibited, and all material being burned shall have been generated on site.
(2) The Fire Department or city reserves the right to impose additional safety requirements upon inspection and before issuing a permit.
(3) The fire should be attended by an individual over 18 years of age at all times and must be completely extinguished when workers or attendants are not on site.
(4) A permit holder shall take those precautions, such as the use of commercial blowers or air curtains, reasonably necessary to prevent smoke and embers from any such fire.
(5) The smoke and embers from the fire should not negatively affect neighboring property owners or create a risk of fire spread.
(D) Ceremonial bonfires.
(1) Ceremonial bonfires consist of the burning of heavy timber, large tree limbs, or other vegetation arranged in a pile for the purpose of public gathering. The burning of non-permitted materials in a bonfire is prohibited.
(2) Inspection of the burn pile and the site are required prior to burning and a permit is required. The Fire Department is responsible for inspection and has the final say as to the size of the pile, site requirements, and permission for the bonfire.
(E) Burn permit.
(1) Application and issuance.
(a) The Fire Department shall be responsible for accepting applications for and issuing burn permits authorized in this chapter. The City Manager is the authorized person to accept applications on behalf of the city. The permit shall be issued and approved by the Fire Department and approved by the City Manager.
(b) The permit may be revoked by the Fire Department or City Manager upon receipt of one or more verified complaints by a person(s) that the fire/burn does not conform to proper regulations or such that the fumes are obnoxious or the fire and/or smoke pose a health and/or safety hazard to the public or neighboring property owners.
(2) Revocation appeals to City Commission. Persons or entities that have a permit revoked may request an appeal to the City Commission at a time and date as determined by the Mayor.
(F) Penalty.
(1) Any person violating this section shall be subject to a local civil fine of $100.
(2) Companies violating provisions of this section shall be subject to a local civil fine of $500.
(3) Each day any violation of any of the provisions of this section shall continue shall constitute a separate offense.
(4) Additional fines may be imposed by other state and federal agencies.
(Ord. 2023-036, passed 11-13-2023)