(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OPEN BURNING.
(1) The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.
(2) OPEN BURNING includes burning of grass, grass clipping, weeds and/or leaves (yard cleanup waste) and cardboard and/or trash.
(B) Limitations on open burning.
(1) No person shall start, kindle, cause, allow or maintain any form of open burning of any materials on private or public property, except as specifically authorized by this subchapter.
(2) No person shall burn any building or structure.
(3) No person shall conduct open burning on any street, alley, sidewalk or property of another person without permission.
(4) No person shall conduct open burning during unfavorable meteorological conditions, such as high winds, temperature inversions, air stagnation and droughts.
(C) General rules for open burning.
(1) Burning must be in a non-combustible container that:
(a) Is sufficiently vented to induce adequate primary combustion;
(b) Has enclosed sides and bottom; and
(c) Has a mesh lid that reduces embers, ashes and debris.
(2) Burning may take place only between the hours of 6:00 a.m. and 6:00 p.m.
(3) All fires must be attended at all times until completely extinguished.
(4) A fire shall be extinguished immediately if it creates a:
(a) Pollution problem;
(b) Threat to public health;
(c) Nuisance; or
(d) Fire hazard.
(5) Only the burning of paper, charcoal, clean wood products and clean petroleum products is allowed.
(6) Only the following types of fires are allowed, subject to all other requirements of this subchapter:
(a) Fires for recreational or ceremonial purposes, such as fires for scouting activities;
(b) Fires for cooking purposes, such as camp fires;
(c) Fires to burn remnants of pruning or to clear brush, shrubbery or landscaping; and
(d) Fires to burn trash or rubbish.
(7) Fires shall not be more than three feet in height and four feet in length, width or diameter.
(8) All burning shall comply with all other federal, state and local laws, rules and ordinances.
(D) Variances. Any other type of fire or any variance or exception to this subchapter must be approved by the Fire Chief or his or her designee in advance.
(E) Enforcement. This subchapter is enforceable by the Town Marshal and law enforcement officers within the town.
(Prior Code, § 92.09) (Ord. 19-1982, passed 9-7-1982; Ord. 2012-4, passed 5-7-2012) Penalty, see § 92.99