(A) Prohibition generally. No person shall cause or permit, except as provided in this section, any open burning of garbage, waste, refuse, rubbish or other combustible materials, including by way of specification but not by limitation, paper, leaves, grass, trees and tree trimmings, on any private or public property; provided, however, that charcoal and non-ash producing fuels may be used on private property and in recreation areas for the exclusive preparation of food for human consumption, and that fuels may be used in metal containers situated not less than 15 feet from combustible materials for the purpose of heating building materials and for the warmth of workers.
(B) Prohibited on paved streets and alleys. No person shall kindle fire in or upon any paved street or alley.
(C) Prohibited near buildings and at certain hours. No person shall kindle fire on any private property within 50 feet of any building, unless the fire be confined in a safe container, and in no case shall any such fire be permitted within 15 feet of any building, nor the same to be such as to constitute a nuisance. The fires shall be kindled between the hours of noon. to 11:00 p.m. only.
(D) Leaves. Leaves, under the prescribed conditions under this section and as promulgated by the Chief of the Fire Department, may be burned at certain periods of the year in accordance with published notice only.
(E) Land clearing. It shall be unlawful for any person to set fire to any woodlands, grasslands, weedlands, brush or other land for the purpose of cleaning or improving the land or preventing other fires, without first having procured a permit from the Fire Chief. Applications for such permits shall be made to the Fire Chief in such form and detail as he may prescribe, and such permits shall be subject to the conditions the Fire Chief may specify for the protection of life and property. Any person who willfully, negligently or carelessly sets on fire or causes to be set on fire any woodlands, grasslands, weedlands, brush or other land, or other combustible material, whether on his or her own land or not, by means whereof the property of another is injured or endangered, shall be guilty of a misdemeanor.
(F) Campfires. Campfire exemptions (open burning).
(1) Nothing in this section shall be held to prohibit private individuals from setting a campfire for the purpose of the preparation of food or for recreation, subject to the following conditions:
(a) Said campfire is set in an adequate container or in a fire bowl of earth or other noncombustible materials that must be capable of containing all burned material. The burn area for round containers shall be no greater than 36 inches in diameter, and the burn area for square containers shall be no greater than 32 inches per side;
(b) Said campfire shall be far enough away from weeds, grass, or other combustible materials so as to present no hazard;
(c) Said campfire shall be at least 15 feet from any structure and 15 feet away from any property line;
(d) Said campfire shall be prohibited on balconies or covered patios;
(e) Said campfire shall be made using seasoned firewood;
(f) Said campfire shall be constantly attended by person initiating it up until such time as it is completely extinguished, and the campfire shall never be left unattended;
(g) Said campfire shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard for property owners or residents in the vicinity;
(h) There shall be a portable fire extinguisher with a minimum OSHA rating of 4-A, or other on-site fire extinguishing material such as dirt, sand, water barrel, water truck, or a garden hose attached to a water source, in proximity to said campfire available for immediate use at all times;
(i) Any member of any Fire or Police Department may order any open burning fire to be extinguished due to hazards, excessive smoke or odor, for violation of the parameters of this section, or for any related ordinance or statute violation including but not limited to noise;
(j) Said campfire shall not be permitted during such periods that the county is under emergency fire regulations of the state department of natural resources banning outdoor campfires or when necessary, as determined by the Fire Chief;
(k) Any person who sets an open fire which necessitates the Fire Authority or any other Fire Department to respond shall pay and be liable for all costs and charges incurred related to the response;
(l) Sky lanterns (any airborne paper lantern, also known as a Kongming Lantern or Chinese Lantern, sky candle or fire balloon) which are constructed from oiled rice paper on a bamboo frame and contain a small candle or fuel cell composed of waxy flammable material, which when lit the flame heats the air on the inside of the lantern and causes the lantern to rise in to the air or any similar devices are prohibited; and
(m) Any existing and permanently installed campfire structure existing at the time of this section that otherwise meets the location requirements under this section shall be and remain permitted provided it is not expanded. If any such campfire structure is removed, it shall only be replaced with a campfire structure that is consistent with the conditions of this section. Any campfire structure governed herein shall be allowed to place outer rings or decorative enhancements to any campfire structure but no such items shall increase the actual burning area allowed herein.
(2) All fires set in accordance with this section shall be attended at all times by a reasonable number of people in relation to the extent of the area to be burned. No burning shall be carried out if wind conditions are such as to endanger life or property or on paved street or sidewalk areas.
(Prior Code, § 11-3) (Ord. 62, passed 9-2-1971; Am. Ord. 2021-02, passed 10-21-2021) Penalty, see § 10.99