For the purpose of this division, the following definition shall
apply unless the context clearly indicates or requires a different
meaning:
The burning of a bonfire, rubbish fire or other such fire
in an outdoor location, and shall include, but not be limited to,
the burning of trash, rubbish or garbage in barrels or pits.
(1998 Code, sec. 92.15)
Except as otherwise permitted by this division, it shall be
unlawful to conduct an open burn within the corporate limits of the
town.
(1998 Code, sec. 92.16)
(a)
(1)
Open burning of tree limbs, brush, leaves, and other such vegetation
that grows naturally on the land and agricultural burns may be conducted
on tracts of land containing ten acres or more, provided a permit
has been issued for such open burn in accordance with this division.
(2)
This exemption is limited to the burning of tree limbs, brush, leaves,
and other such vegetation that grows naturally on the land and specifically
does not include the burning of trash, rubbish and garbage or building
materials such as lumber, shingles, and other such items.
(b)
Private
home type barbecue grills located on the property of the owner are
exempt from the terms of this division.
(c)
Open
fires in barbecue pits and grills at picnics, parties and social events
if conducted in a pit or grill approved by the fire chief or his designee
are exempt from the terms of this division.
(1998 Code, sec. 92.17)
(a)
A
burn permit may be issued by the fire chief or his designee to conduct
an open burn that is authorized by this division on a tract of land
containing ten acres or more.
(b)
It
shall be unlawful, even on a tract of land containing ten or more
acres, to conduct an open burn without first having obtained a burn
permit authorized by this division.
(c)
It
shall be unlawful, during the conduct of a permitted open burn, to
violate any of the conditions of the open burn permit.
(1998 Code, sec. 92.18)
Burn permits shall be conditioned as follows and shall include
any additional conditions that the fire chief or his designee shall
establish based upon the particular request and necessary to protect
the public health and safety:
(1)
No
burning under the permit on days when the ozone alert is in effect.
(2)
No
burning under the permit before 8:00 a.m. or after 5:00 p.m.
(3)
No
burning under the permit when the wind speed or other conditions exist
to carry burning sparks or embers onto adjacent property or onto other
combustible materials in the surrounding area.
(4)
No
burning under the permit when there is a condition of dryness that
may tend to make the burning hazardous.
(5)
A
capable person must be on fire watch and have water and machinery
available necessary to maintain control of the burn at all times.
(6)
The
person to whom the permit is issued or his designee must, 30 minutes
prior to the start of a permitted burn, contact the fire department
by calling (214) 542-6208 and advise the fire department of the time
they are going to start the permitted burn.
(7)
The
permit must be maintained at all times by a person in authority at
the burn site.
(8)
The
person to whom the permit is issued shall extinguish the open burn
if it becomes a nuisance to the community or if an unsafe condition
exists. The fire chief, fire marshal or any designated representative
of the fire department may, in their sole discretion, make such determination
and order the open burn terminated.
(9)
Once
a permitted open fire is extinguished it may not be started again
without prior clearance and approval by the fire chief or fire marshal.
(10)
A burn permit shall specify and/or approve an area around the material
to be burned to serve as a fire brake.
(1998 Code, sec. 92.19)
An applicant for a burn permit shall make application with the fire chief or his designee and deposit with the town secretary a permit application fee as established in the fee schedule in appendix A of this code. The fire chief or his designee shall inspect the site and conditions prior to the issuance of the burn permit. If the permit is denied the fee will not be refunded and will be retained by the town to cover the expense of the inspection. If the permit is to be issued the fire chief or his designee shall list on the permit any special conditions in addition to the general conditions stated herein.
(1998 Code, sec. 92.20)
