(A) No person shall cause or allow any building or household rubbish and garbage to be burned for the purpose of disposing of such waste, or for any other purpose. All building and household rubbish shall be disposed of in accordance with the provisions of Chapter 51 of this code.
(B) Opening burning that is offensive or objectionable because of smoke emissions or which is occurring when atmospheric conditions or local circumstances make such fires hazardous is strictly prohibited.
(C) The City of Midway Voluntary Fire Department shall have the authority to extinguish any fire, permitted or not, that creates or adds to an hazardous or objectionable situation. Any repeated calls to the Volunteer Fire Department for service to a particular location may require that the fire be extinguished.
(D) Fires and open burnings must be attended at all times and a means to extinguish a fire must be readily available for instant use. An extinguisher with the minimum rating of 4-A and/or other approved equipment such as dirt, sand, water barrels or garden hoses shall be available for instant use.
(E) Hot embers and ashes shall be thoroughly extinguished when the fire will no longer be attended and before disposing of embers and ashes in a non-combustible container.
(F) Except as otherwise provided in this section or in other provisions of this code, fires and open burns are prohibited. Fires and opening burning so long as compliant with this section are permitted in the following instances: (1) fires set for the purposes of cooking food for human consumption; (2) properly protected and contained fires; (3) charcoal and gas grills, chimeras, portable outdoor fireplaces and properly protected and contained fire pits, so long as the fires therein are no larger than 3 feet wide by 2 feet tall; and (4) fires of any other sort, including, bonfires, and fires set for agricultural weed abatement, disease and pest prevention, so long as a permit is obtained from the local Fire Chief providing notice as to when the fire will be conducted and representing that all regulations and protocols of the Fire Department shall be met.
(G) All fires and open burnings and fires may be banned and prohibited by executive order of the Mayor of the City of Midway at his or her reasonable discretion in emergency situations when extreme drought conditions are deemed to exist or are declared by the State Fire Marshal to exist.
(Ord. 2015-004, passed 7-6-2015)