(A) It shall be unlawful to kindle or maintain any outdoor fire or authorize any outdoor fire to be kindled or maintained on any property except in accordance with this section.
(B) No outdoor fire shall be kindled or maintained or authorized to be kindled or maintained on any property unless such fire is begun and contained behind the set-back lines established for that property under the Zoning Ordinance, without regard to any variances or nonconforming uses.
(C) With prior, specific approval given by the Chief of the Fire Department, or his or her designee, open burning shall be permitted for the purposes hereinafter set forth in this section. Appropriate advance notice shall be provided to the Chief prior to any proposed open burning, and the Chief shall authorize such open burning only upon his finding that the public health, safety and property will not be endangered, that excessive, unusual or noxious smoke will not be created, and that no extraneous materials, such as tires or heavy oil, that tend to produce dense smoke will be used to cause ignition or
aid combustion. The Chief may at any time require an open burning in progress to be extinguished. For purposes of this section, the term OPEN BURNING shall mean the burning of any matter without an approved burn chamber and a stack or chimney with approved control devices. Purposes for which open
burning is allowed under the terms of this section are as follows:
(1) Fires set for the disposal of trees and tree limbs felled by storms, provided such trees and tree limbs originated from that particular property. The burning of leaves is not allowed;
(2) Fires set for the cooking of food for human consumption;
(3) Fires set for recreational or ceremonial purposes;
(4) Fires set by construction and other workers for comfort heating purposes;
(5) Fires set for the purpose of weed abatement, disease and pest prevention;
(6) Fires set for the prevention of a fire hazard, including the disposal of dangerous materials if no safe alternative is available;
(7) Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires;
(8) Fires set for recognized agricultural, sylvan-cultural, range and wildlife management practices;
(9) Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, if no other economically feasible means of disposal is available and practical. Permission shall be obtained from the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet prior to such burning; and
(10) Heating ropes that are set on fire to repair steel rails during cold weather.
(D) The kindling and maintaining of an outdoor fire with an approved burn chamber and a stack or chimney with approved control devices is authorized without advance notice to or approval by the Chief of the Fire Department for the purpose of disposing any item that is not eligible for deposit at landfills under applicable laws and regulations.
(E) Notwithstanding anything herein to the contrary, no outdoor fire shall be kindled or maintained or authorized to be kindled or maintained on any property if such fire would violate any federal law or regulation or any law or regulation of the Commonwealth of Kentucky or any order of the State Fire Marshal.
(F) The provisions hereof shall not be applicable to burning by any federal, state, county or city government or agency.
(Ord. 019-288, passed 5-21-2019) Penalty, see § 130.99