(A) Permit required. No person may engage in the open burning of any material, including but not limited to domestic refuse, construction debris, and/or yard waste, with the exception of the following activities as permitted by the Fire Chief.
(1) Open burning of yard waste conducted in accordance with Rhode Island State Fire Codes, Rhode Island General Laws and ordinances of the Town of Middletown.
(2) A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
(3) Any fire set for the purpose of instructing personnel in firefighting.
(4) A fire set to prevent or abate a fire hazard.
(5) A fire set for the prevention and control of disease or pests.
(B) Location restricted. No person shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on any public street, commonage or other public ground without a permit from the Fire Chief or other proper authorization by the town. No person shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on any private land unless the location is not less than 100 feet from any structure or combustible material and adequate provision is made to prevent fire from spreading to within 100 feet of any structure, or the fire is in a container approved by authority of the state, or the Fire Chief, and which is located safely not less than 15 feet from any structure without a permit from the Fire Chief or other proper authorization by the town. No open burning of yard waste shall be permitted between May 1st and September 30th.
(C) Permit exempted. The following activities are exempt from the requirement to acquire an open burning permit:
(1) Outdoor cooking in hibachis, gas or charcoal grills for personal use.
(2) A fire set solely for recreational or ceremonial purposes in a fire pit or an appropriate container. APPROPRIATE CONTAINER includes outside fireplace, fire pit, chiminea, wood stove, or similar fire-resistant container; provided however any such fire shall not emit smoke which in the determination of the Fire Chief, or his or her designee, constitutes a nuisance to neighboring properties.
(D) Burn barrel. No person shall use or maintain a burn barrel in the Town of Middletown.
(E) Attendance of outside fires. All outside fires and recreational fires shall be constantly attended by a competent person until such fire is extinguished. Any permitted open burning must be attended by a person who shall have a garden hose connected to a water supply, or other fire extinguishing equipment readily available for use.
(F) Chief may prohibit. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Town of Middletown due to the air pollution and fire hazards of open burning. The Fire Chief may prohibit any or all outdoor burning when atmospheric conditions or local circumstances make such fires hazardous or constitute a nuisance to neighboring properties.
(G) Emergency situations. In emergency situations such as natural disasters, burning that would otherwise be prohibited is allowed if specifically authorized by the Town Administrator and permitted by the Fire Chief.
(H) Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
(I) Enforcement and penalties. The Fire Chief or any authorized officer, agent, employee or representative of the Town of Middletown who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. The penalty for violation of any portion of this section shall be a forfeiture of not less than $25 or more than $500 plus the cost of prosecution. Penalties are doubled for second and subsequent offenses.
(‘73 Code, § 9-3) (Am. Ord. 2012-5, passed 5-21-12)