It shall be is unlawful for any person, firm, or corporation
to set on fire or burn any refuse weeds, leaves, limbs, trees, lawns,
gardens, rubber tires, plastics, wire, insulation and other smoke-producing
materials or other flammable or waste materials outdoors within the
Town of Elsmere. This shall be known as "open burning" and shall be
prohibited.
The use of road flares, smudge pots, and similar devices associated
with safety or occupational uses typically considered open flames
or the following recreational fires: cooking fires such as barbecue
grills; campfires, patio fire pits, or chiminea; and ceremonial bonfires
conducted by established groups such as schools, Indian tribes, or
other recognized organizations shall not be considered or known as
"open burning" and therefore shall not be prohibited by this chapter.