(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