(A) No person shall be permitted to have any open burning in the city for the purpose of disposal of vegetation unless and until they have obtained a permit from the Division of Air Quality or the West Virginia Department of Environmental Protection.
(B) The city Fire Department is no longer permitted to issue open burning permits in the city.
(C) Recreational fires for cooking, heat, school sanctioned bonfires, veteran organization flag burning for the purpose of destroying damaged or worn American Flags, or for light are permitted provided that they are contained and do not create a hazard as defined by the guidelines set forth in divisions (A) and (C) through (G) of this section. Chimneys, manufactured outdoor fire places, permanent outdoor fire places, and permanent fire pits not exceeding three-by-three feet are also permitted.
(D) Burning of paper, leaves, trash, treated wood scraps, tires, plastics, treated wood skids, wire, wire insulators and like materials are not permitted.
(E) Recreational fires shall not be located within 25 feet of a structure or combustible material unless contained in an approved manner. Conditions that could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
(F) Open fires and cooking fires shall be constantly attended by a competent person until the fire is extinguished. This person shall have fire extinguishing equipment readily available for use.
(G) The city Fire Chief or duly authorized Fire Officer shall have the authority to prohibit any or all open fires when atmospheric conditions, local circumstances, or when appropriate state agencies deem the fire hazardous.
(H) Any suspected violation of this section or allegations of open burning shall be investigated by the Fire Department and, if deemed appropriate under the guidelines set forth in divisions (A) and (C) through (G) of this section by the Fire Department official, then a citation for said violation shall be issued by the Police Department.
(I) Violation of this section shall constitute a misdemeanor punishable by a fine of not less than $100 nor more than $500.
(Ord. 1567, passed 3-10-08; Am. Ord. 1723, passed 7-9-12)