Where permitted by the provisions of chapter 3 of the County Code, burning by open fires shall be subject to the following conditions:
(a) Open fires shall be attended at all times until completely extinguished.
(b) Garbage, dead animals, animal waste, tires, plastic, rubber and other materials which create dense smoke or emissions injurious or noxious to people or property shall not be burned.
(c) It shall be unlawful for any person to kindle any open fire except leaf burning, cooking fires or recreational fires without first notifying the central fire communication center of such burning. Where burning continues for more than one (1) day the Montgomery County department of fire and rescue services shall be notified prior to 8:00 a.m. on each day of burning.
(d) The Director may prohibit such burning at any time the Director determines that the kindling of an open fire creates a fire hazard.
(e) Except for those fires used for cooking food on property occupied by a single family dwelling open fires shall not be less than thirty (30) feet from any building or structure.
A clear space free of ignitable materials not less than ten (10) feet in diameter shall be maintained around the fire.
(f) The burning of material of any kind on public roads, streets, highways, alleys, sidewalks, and public rights of way shall be prohibited at all times.
(g) Where open burning is being conducted under the terms of a permit issued by the department of environmental protection, the permittee shall be personally responsible for the fire at all times. The permit shall be in the possession of the person supervising the burning at all times.
(h) No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)
Cross reference-Open fires, § 3-6.