(A) No person shall kindle or maintain any bonfire, rubbish fire or other outdoor fire or authorize any fire to be kindled or maintained without a permit or other proper authorization.
(B) No person shall kindle or maintain any bonfire, or rubbish fire or other outdoor fire or authorize any fire to be kindled or maintained on any land unless the location is not less than 100 feet from any structure and adequate provisions are made to prevent fire from spreading to within 100 feet of any structure or other property.
(C) Any person who receives a permit to burn must notify all surrounding property owners who meet the following conditions:
(1) Who own property within a 100-foot radius from the location of the proposed burning; and
(2) Who own an occupied dwelling is located on the aforementioned property.
(D) Bonfires, rubbish fires or other outdoor fires shall be constantly attended by a competent person until the fire is extinguished. The person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.
(E) The fire official or the Police Department may prohibit any or all bonfires, rubbish fires and other outdoor fires when atmospheric conditions or local circumstances make the fires hazardous.
(F) Opening burning of leaves, tree branches or yard trimmings originating on the premises of private residences may be burned on the premises, pursuant to the above regulations, only if no public curbside pickup service is available.
(G) (1) A permit must be obtained from the Division of Forest Resources, if the fire is in or within 500 feet of woodlands, as defined by G.S. § 113-57, or more than 100 feet from a structure.
(2) The fire is to burn during the hours of midnight and 4:00 p.m.
(H) (1) If any outdoor burning or smoke from the burning shall cause a nuisance the fire official or the Police Department shall order that the burning be extinguished. Whether an outdoor burning constitutes a nuisance is in the sole discretion of the fire official or police officer called to the scene.
(2) Burning permits shall be denied if the burning is within 300 feet of a dwelling occupied by a person with a certified medical problem which can be aggravated by smoke.
(3) As an exception to the aforementioned provisions, a burning permit may be issued only if all individuals with certified medical problems and who live within 300 feet of the proposed burning, consent in writing.
(4) Written consent must be obtained each time a separate burning occurs.
(I) Any burning permitted under this section shall not be commenced and shall be immediately terminated, upon declaration of an alert warning or emergency stage of an air pollution episode when proclaimed by the Fire Department or any other federal or state regulatory agency.
(Ord. 95-8-2, passed 8-8-95)