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(A) The Town Board of Trustees, or its designee, shall be authorized from time to time, based upon climatic conditions related to the danger of fire, and upon the recommendation of the Fire Chief, to prohibit by resolution the sale and use of:
(1) All forms of fireworks, including permissible fireworks; and
(2) All other explosive materials for pyrotechnic displays within the town, except for professional firework displays specifically approved by the Fire Chief in advance of any such display.
(B) Whenever a prohibition has been declared by the Town Board of Trustees, or its designee, pursuant to this section, the Police Chief, any police officers or other employees designated by the Town Manger are authorized and directed to:
(1) Enforce the ban on any sale or use of fireworks within the town and to seize, take and remove, at the expense of the owner, all stocks of fireworks, including permissible fireworks, offered or exposed for sale, stored or held in violation of, and to seize, take; and
(2) Remove all such fireworks from a person using them in violation of a prohibition declared by the Town Board of Trustees.
(Ord. 01-2021, passed 1-27-2021) Penalty, see § 94.99
OPEN BURNING
Except as permitted pursuant to the laws and regulations of the state and by the other provisions of this subchapter, it shall be unlawful for any person to set on fire or burn any combustible waste or material of any kind by open burning or by incinerator burning within the town.
(Ord. 3-04, passed 8-11-2004) Penalty, see § 94.99
The following are exceptions to the foregoing restrictions on burning:
(A) Agricultural open burning. The open burning of cover vegetation for the purposes of preparing the soil for crop production, weed control or other agricultural cultivation purpose;
(B) Business incinerator burning. Any business located within a properly zoned business, commercial or industrial district may burn its own refuse on the premises; provided such burning is limited to cardboard and occurs in a proper incinerator with a screen to prevent dispersal of sparks and ash;
(C) Monthly burning. The open burning of small tree limbs (less than one inch in diameter), lawn, shrub and garden trimmings and other vegetation and non-commercial burning of private household trash shall be permitted only on the third weekend of each month, or on designated days set by the Board of Trustees or the Town Manager. Such burning shall occur only between three hours after sunrise and three hours before sunset and additional fuel may not be intentionally added to the fire. Such monthly burning shall be permitted on private property, only with the consent of the owner or person in charge of the property. Any fire resulting from such monthly burning shall be at least 20 feet from any structure and shall be constantly attended by a competent person until such fire is extinguished. For the purposes of this division (C), PRIVATE HOUSEHOLD TRASH is paper, cardboard and untreated wood products. It is not food wastes, plastics, coated or treated wood products or rubber;
(D) Training fires. Fires set for the purpose of training public or private firefighting personnel, with the approval of the Town Manager;
(E) Food preparation. Outdoor burning in connection with the preparation of food;
(F) Ceremonial fires. Fires used solely for recreational purposes or for ceremonial purposes; and
(G) Safety flares. Safety flares used to signal danger to the public.
(Ord. 3-04, passed 8-11-2004; Ord. 3-09, passed 8-12-2009) Penalty, see § 94.99
The Chief of the Town Fire Department may prohibit all outdoor burning when atmospheric conditions or local circumstances make such fires hazardous.
(Ord. 3-04, passed 8-11-2004) Penalty, see § 94.99
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