[Ord. No. 726 §1, 5-19-2003]
A. No
person shall dispose of refuse by open burning or cause, suffer, allow
or permit open burning of refuse.
B. Prohibition Of Salvage Operations By Open Burning. No person
may conduct, cause or permit or allow the disposal of trade waste,
construction waste, salvage operation waste, or demolition project
waste by open burning. This open burning prohibition includes, but
is not limited to, tires, rubber products, asbestos-containing material,
hazardous material, styrofoam, plastics, petroleum-based products,
treated wood and other refuse.
C. Exceptions. The open burning of certain trade wastes and
vegetation may be permitted only when it can be shown that open burning
is the only safe or feasible method of disposal. Economic consideration
shall not be the primary determinant of feasibility. Any person intending
to engage in open burning shall request a burn permit and must receive
written approval from the Fire Chief or his designee.
D. Conditions. All burning, whether or not a permit is required,
shall be subject to the following conditions:
1. The open burning will take place at a time of day when atmospheric
conditions will permit adequate dispersion of smoke, but only between
the hours of 8:00 A.M. and 8:00 P.M., or as otherwise specified by
the Fire Chief or his designee;
2. The Fire Chief or designee shall prohibit open burning that will
be offensive or objectionable due to smoke or odor emissions when
atmospheric conditions or local circumstances make such fires hazardous.
The Fire Chief or designee shall order the extinguishment of any open
burning which creates or adds to a hazardous or objectionable situation;
3. The open burning shall not create a fire hazard. Burning shall not
take place within fifty (50) feet of any ignitable material;
4. Nothing in this rule may be construed to permit open burning which
causes or constitutes a public health hazard, nuisance, or a hazard
to vehicular or air traffic, nor which violates any other rule or
Statute; and
5. The Fire Chief or designee may prohibit any open burning during hazardous
atmospheric conditions and at any time any State agency has issued
a no burn order.
6. Burning of leaves is permitted between the hours of 9:00 A.M. and
6:30 P.M. except from November first (1st) to April first (1st) the
hours shall be from 9:00 A.M. until 5:00 P.M.
E. Applications
for open burning shall be verbally submitted before the fire is set
and shall contain such information as required by the Fire Chief or
designee. Such applications shall contain, as a minimum, information
regarding the purpose of the proposed burning, the nature and quantities
of materials to be burned, the date when such burning will take place,
the location of the burning site and the on-site fire extinguishing
equipment to be provided.
F. In
areas where no public or commercial refuse collection service is available,
the open burning of refuse on residential premises, or refuse originating
in dwelling units on the same premises, shall not be in violation
of this Section.