(A) It shall be unlawful for any person to burn refuse, trash, leaves, grass, straw, or any other combustible materials, in any street, alley, lot, yard, or at any place within the city limits, without first procuring permission to do so from the Chief of the Fire Department or his/her designated representative.
(B) The Fire Chief or his/her designated representative is authorized to issue permits for open burning to individual property owners for residential purposes only in accordance with safety regulations identified on such permit.
(C) Open burning shall not be authorized or permits issued in conjunction with any construction of buildings or structures, any land development improvements including installation of utilities, any clearing of land, or other commercial purposes, except in accordance with the following conditions and stipulations:
(1) The parcel of land where the open burning is being requested is a minimum size of five acres;
(2) The controlled incineration devise (mechanical device and system) and conditions of its use must meet the prior approval of the Fire Department;
(3) The contractor shall advise the Fire Department each day that incineration/open burning is being performed;
(4) The contractor shall abide by the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet Open Burning Administrative Regulation 401 KAR, 63.005, Section 4 and other applicable city and county ordinances;
(5) The location of the open burning/incineration process shall be no closer than 100 feet to any property line or existing structure, with the specific location subject to approval of the Fire Department; and
(6) The issuance of permit by the Fire Department, which may be suspended and/or revoked at any time when one or more of the conditions noted herein are not being complied with by the contractor.
(7) The Fire Department may also temporarily suspend permitted opening burning activity when adverse impacts and/or complaints from adjacent property owners are verified.
(D) Where such outdoor burning is to take place in a structure built exclusively for that particular purpose, no such burning permit shall be required to be procured. However, such burning is required to be attended to at all times by an adult. In cases where a complaint of excessive smoke is received, and substantiated, by the Chief of the Fire Department or his/her designated representative, the burning may be ordered to immediately cease.
(Ord. O-23-95, passed 11-6-95; Am. Ord. O-16-00, passed 10-2-00; Am. Ord. O-6-2006, passed 3-20-06; Am. Ord. O-3-2007, passed 2-5-07) Penalty, see § 94.99