(A) Permissible open burning with required permit. While recognizing that excessive open burning can contribute to air pollution, certain types of open burning may reasonably be allowed. The authority to conduct open burning under the provisions of this section does not exempt or excuse a person from the consequences, damages or injuries which may result from such conduct, nor does it excuse or exempt any person from complying with all applicable laws, ordinances, regulations and orders of other governmental entities having jurisdiction even though the open burning is conducted in compliance with this section. A permit fee schedule will be set periodically by the Town Board of Aldermen.
(B) Types. The following types of open burning shall be permissible with a town burning permit to be issued by the Fire Code Official.
(1) Fires purposely set to agricultural lands for disease and pest control and other accepted agricultural or wildlife management practices;
(2) Fires purposely set to forest lands for accepted forest management practices;
(3) Fires purposely set in rural areas for rights-of-way maintenance; and
(4) The burning of waste materials, trees, brush and other vegetable matter in connection with construction projects and the clearing of land orrights-of-way, provided that the following conditions are reviewed by the Fire Code Official and/or Fire Chief and are adhered to as follows:
(a) Prevailing winds at the time of the burning must be away from the town or built-up areas within the town or the town’s extraterritorial jurisdiction, the ambient air of which may be significantly affected by smoke, fly-ash, or other air contaminants from the burning;
(b) The location of the burning shall be at least 1,000 feet from any dwelling located in a predominantly residential area other than a dwelling or structure located on the property on which the burning is conducted;
(c) The amount of dirt on the material being burned shall be minimized;
(d) Provided that no items listed in § 93.035(F) of this subchapter and no heavy oils, asphaltic materials, items containing natural or synthetic rubber or any other materials other than plant growth shall not be burned;
(e) Initial burning may generally be commenced only between the hours of 9:00 a.m. and 3:00 p.m., and no combustible material shall be added to the fire between 3:00 p.m. of the day that the burning commences and 9:00 a.m. of the following day. It shall be the responsibility of the owner or operator of the burning operation (permittee) to have adequate control measures to extinguish the fire as determined by the Fire Code Official and/or Fire Chief;
(f) At no point shall the owner or operator of the open burning operation (permittee) fail to have the fire tended or guarded until it has been fully extinguished;
(g) Owner or operator of the open burning operation shall obtain a required town burning permit, for a set fee as periodically adopted andamended by the Board of Aldermen, from the Fire Code Official and/or Fire Chief. At no time shall such open burning operation begin without the authorized permission of the town;
(h) Permits or permission granted by the town under this section shall be subject to continued review and may be withdrawn at any time at the discretion of the Fire Code Official and/or Fire Chief. At which time, the open burning shall be extinguished by the operator of the open burning operation (permittee);
(i) A copy of the permit shall be visibly displayed on-site at all times and a copy of the permit be kept on the possession of the responsible party tending the burning operation; and
(j) Provided that all federal, state and local regulations, all applicable laws, ordinances, regulations and orders of other governmental entities having jurisdiction.
(Ord. passed 1-6-2009; Ord. 10-11, passed 7-6-2010; Ord. 14-17, passed 12-2-2014) Penalty, see § 93.999