No person shall burn or cause to be burned, on any private property outside of any building, any paper, trash, refuse or other combustible material except for the following exemptions:
(a) Burning in an approved furnace or incinerator designed for that purpose with proper controls at a temperature in the range of 1,600° Fahrenheit to 2,000° Fahrenheit, and which complies with the regulations of the State Health Department and the stack emissions limits as set by the West Virginia Air Pollution Control Commission.
(b) Riparian landowners along the Ohio River and the Little Kanawha River and their respective tributaries may, by open burning, dispose of driftwood and trash deposited upon their lands by periodic rises of such Rivers and their tributaries, whether by floods or the manipulation of the Belleville Dam on the Ohio River.
(c) Open burning of vegetation grown on vacant premises provided that it is cut and piled, and further provided that all of the following conditions are met:
(1) There is no practical alternate method of disposing of the material to be burned;
(2) The health, safety, comfort and property of persons are protected from the effects of such burning.
(d) Open burning of construction and demolition wastes, provided that all the following conditions are met:
(1) There is no practical alternate method of disposing of the material to be burned;
(2) The health, safety, comfort and property of persons are protected from the effects of such burning,
(3) Such burning shall not be conducted for salvage purposes.
Notwithstanding the foregoing exemptions to open burning, no open burning shall be done within 100 feet of any building or other structure, and without taking due and proper precaution to prevent burning matter or embers from being blown or cast upon any public or private property of others.
No person, having started to burn or cause to be burned, on any private property, outside of any building, any driftwood, trash, refuse or other combustible material shall fail to immediately extinguish the fire, or thereafter burn any such material under similar conditions, after having been notified to cease such burning by the Director of Public Works, or by the Chief or any other officer of the Fire Department. (Ord. A-2365. Passed 1-25-72.)