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OPEN BURNING
Except as provided in this section, no person shall cause, suffer or allow any open burning or open fires. Fires may be set for the following purposes, provided that the fires do not violate any of the provisions of KRS Chapters 149, 150, 227, and other laws of the Commonwealth of Kentucky or any local ordinances:
(A) Fires set for the cooking of food for human consumption on other than commercial premises;
(B) Fires set for recreational or ceremonial purposes;
(C) Small fires set by construction and other workers for comfort heating purposes, when the temperature is below 50 degrees Fahrenheit, provided excessive or unusual smoke is not created and only clean non-treated lumber, paper or fire wood is burned and the fire is contained to a 55 gallon (maximum) drum;
(D) Fires set for the purpose of weed abatement, disease, and pest prevention;
(E) Fires set for prevention of a fire hazard, including the disposal of dangerous materials where no safe alternative is available;
(F) Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires;
(G) Fires set for recognized agricultural, silvicultural, range and wildlife management practices;
(H) Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, where no other economically feasible means of disposal is available and practical and provided permission is obtained from the Natural Resources and Environmental Protection Cabinet prior to burning; and
(I) Fires set for disposal of natural growth for land clearing, and trees and tree limbs felled by storms, provided that no extraneous material such as tires or heavy oil which tend to produce dense smoke are used to cause ignition or aid combustion and the burning is done on sunny days with mild winds. The measurement of the fire shall not exceed 25 feet by 25 feet by eight feet.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
The burning of leaves, foliage, household rubbish and garbage, construction debris, painted/stained or treated wood products, animal bedding, tires, coated wire, furniture, and chemical containers is in violation of the Environmental Protection Agency's regulations and is strictly prohibited within the city limits.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
The location for any open burning shall not be less than 50 feet (15,240 mm) from any structure or utility line and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure or utility line. Fires in approved containers shall be permitted provided that such fires are not less than 15 feet (4,572 mm) from any structure.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
Open burning shall not be used for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
Any open burning shall be constantly attended until the fire is extinguished. Adequate and appropriate fire-extinguishing equipment shall be available for immediate use.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
The Fire Chief or his designee(s), shall prohibit open burning which will be offensive or objectionable due to smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous. The Fire Chief or his designee(s), shall order the extinguishment, by the owner or the fire department, of any open burning which creates or adds to a hazardous or objectionable situation.
(Ord. 2012-1574, passed 5-10-12)
(A) The periods commencing on February 15 and ending on April 30 and commencing on October 1 and ending on December 15 of each year are hereby declared to be and established as the fire hazard seasons. During the fire hazard seasons, even though the precautions required by KRS 149.375 shall have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any flammable material capable of spreading fire, except between the hours of 6:00 p.m. and 6:00 a.m., prevailing local time, or when the ground is covered with snow.
(B) This section shall not apply to fires which may be set for the purpose of burning plant beds.
(C) This section shall not apply to fires which may be set by competent and qualified employees of railroad, utility or pipeline companies in connection with the construction, operation or maintenance of railroads, pipelines, power lines or other projects in the public interest on rights-of-way used for such railroads, pipelines, power lines or other projects, and such fires shall be attended at all times and be extinguished before the employees of such railroad, utility or pipeline companies leave the vicinity of the fire.
(D) The Fire Chief or Fire Marshal shall have the authority to issue a ban on open burning anytime the atmospheric conditions or local circumstances make such fires hazardous. Including but not limited to: wind speeds greater than 15 miles per hour, the issuance of a "Red Flag Warning" from the National Weather Service or the National Forest Service.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
(A) Prior to burning, a citizen shall obtain a burn permit from the city Fire Department and shall provide the purpose of the burning; the nature and quantities to be burned; and the date and location of the burning.
(B) A burn permit shall not be required for fires set in outdoor fire places, chimaneas, and fire pits provided all requirements of § 92.58 are followed
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
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