CHAPTER 131: OPEN BURNING AND FIREWORKS
Section
   131.01   Definitions
   131.02   Open fires unlawful
   131.03   Burn barrel fires unlawful
   131.04   Certain fires lawful
   131.05   Firework regulations
 
   131.99   Penalty
§ 131.01 DEFINITIONS.
   BURN BARREL. A metal container used to hold combustible or flammable waste materials so they can be ignited outdoors for the purpose of disposal.
   CAMPGROUND. Any permitted commercial campground operated by private individuals or corporations, the state, or the United States Forest Service.
   CHARCOAL GRILL. A metal or stone device not resting on the ground with a metal grate designed to cook food using charcoal briquettes, char wood, hard wood, or similar fuel.
   LIQUID FUEL GRILL. A metal or stone device designed to cook food using liquified or gaseous combustible fuel.
   OPEN FIRE. Any outdoor fire, including campfires and burn barrels, which has been banned or, if legal, is not contained within a fully enclosed fire box or structure from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, chimney, and/or spark arrester. OPEN FIRE shall not include charcoal grills and liquid fuel grills, as defined herein.
   OUTDOOR FIREPLACE. A manufactured appliance constructed of non-combustible materials, with a maximum fuel area of three feet, fueled by cut or split wood, located not closer than 15 feet to any combustible surface and continually attended and must pass through a stack, duct, chimney and/or a spark arrester.
(Ord. passed 4-18-2023)
§ 131.02 OPEN FIRES UNLAWFUL.
   It is unlawful for any person to ignite any open fires or outdoor fires, including campfires and burn barrels, within the town limits, which have been banned or, if legal, are not contained within a fully enclosed fire box or structure from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, chimney, and/or spark arrester.
(Ord. passed 4-18-2023)
§ 131.03 BURN BARREL FIRES UNLAWFUL.
   It is unlawful for any person to ignite a fire in a burn barrel within the town limits, nor burn toxic materials of any kind including, but not limited to, creosote wood, tires, or asbestos.
(Ord. passed 4-18-2023)
§ 131.04 CERTAIN FIRES LAWFUL.
   The use of charcoal grills, liquid fuel grill, outdoor fireplaces, and campground fires are lawful so long as the flame exhausts through a stack, duct, chimney, and/or spark arrester.
(Ord. passed 4-18-2023)
§ 131.05 FIREWORK REGULATIONS.
   (A)   Reasonable hours. It shall be unlawful for a person to discharge fireworks within the town limits, except during the period beginning July 2 and extending through July 5, and during the period beginning December 28, and extending through January 1, as permitted within SDCL § 34-37-16.1.
   (B)   It shall be further unlawful for a person to discharge fireworks within the town limits during the times outside of July 2, 3, and 5 between 9:00 a.m. to 12:00 a.m. (midnight), July 4 between the hours of 9:00 a.m. and 2:00 a.m., on New Year’s Eve between the hours of 9:00 p.m. and 2:00 a.m., and New Year’s Day between the hours of 9:00 a.m. to 12:00 a.m. (midnight).
   (C)   The Board of Trustees may declare non-use of fireworks if fire conditions are unfavorable.
   (D)   All liability from the discharge of fireworks remains with the person and/or property owner involved, including but not limited to injuries, death, or property damage that may occur from discharging fireworks inside the town limits.
(Ord. passed 4-18-2023)
§ 131.99 PENALTY.
   Any person violating any provision of this chapter is subject to the penalty set forth in § 10.99.
(Ord. passed 4-18-2023)