A person
may burn trees and brush only if such trees and brush have been cut
up into segments not longer than four feet and confined to an area
not larger than 10 feet by 10 feet during such burning and a responsible
person remains in attendance of the fire at all times.
A person
may burn leaves and/or grass only if such leaves and grass are raked
up and confined to an area not greater than 10 feet by 10 feet during
such burning and a responsible person remains in attendance of the
fire at all times.
The foregoing exceptions to the prohibition on open burning shall
not be construed to permit the burning of fields, ditches or fence
lines or the burning of trees or brush which has not been cut down.
Permitting a fire to spread out of the specified area of 10 feet
by 10 feet, whether intentionally or not intentionally, shall be considered
a violation of this chapter.
No person shall kindle or cause to be kindled or otherwise permit
or allow any open fire in or upon any street, alley or public way
or within 25 feet of any building.
Upon notification, the Fire Department member is required to contact
the County Sheriff's Department, local Police Department and
if necessary the Department of Natural Resources.
Violations. Any person violating this chapter shall reimburse the
Town a minimum of $300 for fire protection services made necessary
by the violation and any additional costs that may incur from the
response of the Town's Fire Department, including but not limited
to the investigation of the violation.
Any person, firm, or corporation, or agent, employee, or contractor of such, who or which violates any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-3 of this Code. Each violation and each day of violation shall constitute a separate offense.[1]
The prosecution for violations of this chapter or payment of the
penalties provided shall not prohibit any person from seeking any
other remedy against the person causing or permitting the burning.