It shall be unlawful for any person to burn refuse, trash, lumber, leaves, grass, straw, or any other combustible materials, in any street, alloy, lot, yard, or at any place within the city limits, without first procuring permission to do so from the Chief of the Fire Department.
(A) “FIRE PIT." Either:
(1) A portable device that is commercially manufactured for the purpose of building a recreational fire, such as a chimenea or above-ground fire pit; or
(2) A permanent, constructed fire chamber that is completely lined with non-combustible material, such as brick, rock, or concrete, the bottom of which may be soil.
(B) Prohibition of and restrictions on open burning.
(1) No person shall cause, allow, or maintain any open fire within the boundaries of the City of Shelbyville, except for the following:
(a) A fire solely for the cooking of food for non-commercial purposes. However, a fire maintained at a size or duration in excess of that appropriate for the cooking of food or a fire where the cooking of food is an inconsequential activity, shall be considered a recreational or ceremonial fire subject to the requirements of subsection (B)(1)(c). The cooking of food for non-commercial purposes in a device such as a grill, smoker, or cooker shall not be deemed an open fire subject to the other provisions of this chapter.
(b) A fire in a fire pit, provided that only untreated firewood is used as fuel and the fire is no larger than three (3) feet long by three (3) feet wide by three (3) feet high.
(c) A fire determined by the city to be for recreational or ceremonial purposes and approved in writing by and at the discretion of the Shelbyville Fire Department, provided that the following conditions are met:
1. A written request, on a form provided by the city, for approval of a recreational or ceremonial fire from the person in charge of the event, or that person’s authorized representative, is received by the city at least five (5) working days prior to the requested date of the event; and
2. Only untreated firewood is used as fuel; and
3. The fire is no larger than five (5) feet long by five (5) feet wide by five (5) feet high.
(d) A fire to assist general agricultural production that is set for weed abatement, disease control, pest prevention, or for recognized silvicultural range, native grassland or wildlife purpose management practices, provided that open burning is necessary and approved for that purpose by the city, after considering the written recommendations of the Shelby County Soil and Water Conservation District and the Shelbyville Fire Department. No such fire may be set when the forecasted average wind speed is greater than fifteen (15) miles per hour during the expected period of burning.
(e) A fire for controlling a public health hazard, provided that the Kentucky Department of Public Health has declared open burning to be necessary for this purpose and has submitted a written notice of this determination to the city.
(f) A fire for the prevention of a fire or safety hazard, provided that the Shelbyville Fire Department has declared open burning necessary to abate the hazard and has submitted a written notice of this determination to the city.
(g) A fire, or a series of fires, set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires in accordance with the Kentucky Fire Commission on Standards and Education. A written request from the official in charge, or a designee of the official in charge, on a form provided by the Shelbyville Fire Department for the Fire Department’s approval of the fire training exercise, shall be received by the Shelbyville Fire Department at least five (5) working days prior to the date requested for the first fire. Approval of such training exercises shall be at the discretion of the Shelbyville Fire Department.
(h) A fire set for the purpose of debris removal necessitated by natural forces, including but not limited to, a tornado, severe windstorm or flood, having caused community-wide damage that, if the fire were prohibited, would place a severe burden on other disposal methods, and that is declared by the Mayor, in writing, to be necessary. The visible emissions into the outside air from a fire set for this purpose shall not be equal to or greater than forty percent (40%) opacity.
(i) Any other “special-case” fire not otherwise addressed in section (B)(1) that is approved in writing by and at the discretion of the city on a case-by-case basis. A written request for approval of a special-case fire from the person in charge of the fire, or their authorized representative, must be received by the city at least ten (10) working days prior to the requested date of the fire. The request shall include an explanation of why the fire is necessary.
(2) Those fire exceptions described in sections (B)(1)(b) through (B)(1)(f) and in section (B)(1)(h) shall apply only for properties containing single-family residences.
(3) Any fire described in sections (B)(1)(b) through (B)(1)(i) is prohibited on any day designated as an Air Quality Alert Day, except that a fire set for controlling a public health hazard pursuant to section (B)(1)(e) may be set if declared necessary by the Shelbyville Mayor to abate an immediate danger to human health and safety.
(4) A person responsible for a fire described in section (B)(1) shall also comply with all applicable provisions of KRS Chapters 149 (Forestry), 150 (Fish and Wildlife Resources) and 227 (Fire Prevention and Protection), and any other state law or regulation or any local ordinance.
(5) Tires, used oil, heavy oil, gasoline, diesel fuel, kerosene or similar accelerants shall not be used to start or maintain combustion of any fire described in section (B)(1).
(6) Burn barrels of any sort are prohibited.
(7) The city may require the submittal of additional information not required elsewhere herein with regards to a fire allowed by sections (B)(1)(b) through (B)(1)(i)
(8) The city may impose additional limitations or prohibitions on a fire allowed by sections (B)(1)(b) through (B)(1)(i), including but not limited to the following:
(a) The composition and amount of material to be burned.
(b) The frequency of fires approved by the city.
(c) The time of day for the burning, including an episodic prohibition of burning based upon the forecasted meteorological or air quality conditions of a day for which burning is otherwise approved.
(d) The location of the fire.
(1986 Code) (Am. Ord. 2020-11-19(A), passed 11-19-20) Penalty, see 73.999