§ 91.35 RESTRICTIONS FOR OPEN BURNING.
   (A)   Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the city limits for the purpose of open burning including land clearing. An exemption via burn permit may be issued for parcels of land which are a minimum of ten acres. The exemption shall be issued, in writing, by the Fire Chief. Exemptions will not be allowed during the Kentucky Open Burning Ban period of May 1 to September 30 each year.
   (B)   Recreational fires. Burn permit not required.
      (1)   Location. No recreational fire shall be closer than ten feet from any building, shed, garage, fence, or any other combustible materials. The location shall be no closer than ten feet from many adjoining property line.
      (2)   Fire pits.
         (a)   Below ground fire pits. Any fire pit built below ground shall be a minimum depth of ten inches and a maximum diameter of three feet. The fire may not extend more than two feet above the fire pit. The fire pit shall be surrounded on the outside, above ground, by non-combustible material such as, but not limited to, concrete block, bricks, or rocks. No burn barrels allowed.
         (b)   Portable fire pits. Portable fire pits are defined as devices commercially designed to control outdoor wood fires and may be used in accordance with the manufacturer’s recommendations.
      (3)   Materials for burning. Materials for recreational fires shall consist of clean dry/seasoned wood that is unpainted and untreated. Material shall not include rubbish, garbage, trash, leaves, brush or garden waste or any material coated with rubber, plastic, leather, or petroleum- based materials and may not contain any flammable or combustible liquids.
      (4)   Attendance. All recreational fires must always be attended to by a responsible person until extinguished.
      (5)   Complaint. Complaints received by the Fire or Police Departments regarding smoke, ash or noxious odors infringing on adjacent properties will require that such fires be immediately extinguished.
   (C)   The penalties for any violation of this section shall be as set forth in § 91.99. In addition to the foregoing penalties, any person who fails to maintain a fire in accordance with the applicable city ordinances or negligently allows such a fire to burn out of control shall pay any and all costs incurred by the city or any other municipality responding under mutual-aid for any fire, police, ambulance or other related service provided as a result of the party's failure to comply with said ordinance.
(Ord. 2017-17, passed 11-6-17; Am. Ord. 2018-04, passed 2-5-18; Am. Ord. 2022-08, passed 5-2-22)