[1]
Editor's Note: Ordinance No. 283, adopted 4-1-2008, provided: "Any provision of Section 5-16 through 5-27 inclusive, using the term 'fire warden' shall be construed to mean 'fire marshal'."
The following definitions, uses and specifications shall apply in the interpretation and enforcement of this article:
APPROVED INCINERATORS
Shall mean any metal drum of adequate capacity, any masonry incinerator, or any steel or cast-iron receptacle with solid or perforated sides, fronts and backs, used to burn any type of combustible material. Specifications for approved incinerators shall be as follows: (1) Perforations in an incinerator shall not exceed one (1) inch in length and one (1) inch in width; (2) Each incinerator must be equipped with a spark arrester; (3) Draft doors or openings designed to create a draft or stimulate combustion must be protected with a one-fourth-inch mesh-wire screen. The uses of incinerators shall be as follows:
(1) 
The fire warden or his deputy may regulate the location of all incinerators;
(2) 
No approved incinerator shall be located within ten (10) feet of any building or within ten (10) feet of any combustible material or within ten (10) feet of any property line without the consent of the fire warden;
(3) 
All incinerators must be emptied periodically to prevent choking and poor combustion;
(4) 
Burning in an approved incinerator may be denied by the fire warden or his deputy when such burning, because of weather, wind, drought, type and condition of material to be burned, proximity of structure or combustible materials, availability of means of fire control or other environmental factors, or other good and sufficient reasons, would constitute a hazard or a danger to public safety.
FIRE WARDEN
Shall mean the duly appointed fire warden for the town or his duly appointed deputies.
OUTDOOR FIRES
Shall mean any fire in the open air, or outside the confines of a building for the purpose of:
(1) 
Burning woodland, grassland, swampland, leaves, or other forest debris;
(2) 
Burning as a means of disposal of any type of structure, including marine or aircraft, vehicles, and the burning of debris from any of the foregoing;
(3) 
Burning, as a means of disposal, of papers, rubbish, and any other type of combustibles when such burning is done in the open air, outside of a structure.
SPARK ARRESTER
Shall mean an approved cover on any approved incinerator sufficient to prevent the escape of sparks and of embers. The specifications of spark arresters shall be as follows:
(1) 
Spark arresters shall be large enough to cover the entire opening of the approved incinerator on which it is used;
(2) 
A spark arrester shall be of perforated sheet metal or of wire-mesh screen. No opening in a spark arrester shall exceed one-fourth inch in length and one-fourth inch in width.
[Ord. No. 28, 6-17-1968; Ord. No. 283, 4-1-2008]
No person within the limits of the town and without a permit issued by the fire warden, or any deputy designated by him for such purpose, shall make, or cause to be made, any outdoor fire except as follows:
(1) 
In a covered container with both the container and the cover constructed of incombustible material for the purpose of burning waste and material outdoors. The container shall be covered with a spark arrester. No hole opening in the container shall exceed one (1) inch in length and one (1) inch in width. If the container has a draft door, it shall be covered by a wire-mesh screen with openings no larger than one-fourth inch in length and one-fourth inch in width; or
(2) 
For the purpose of cooking food in a fire-place or barbecue pit constructed of incombustible material or an incombustible grill; or
(3) 
In an approved incinerator as provided in section 5-16.
(4) 
The fee for a permit for open burning shall be fifty dollars ($50.00). Said permit is issued for one calendar day to be used at any time during a designated seven (7) day period of time.
[Ord. No. 28, 6-17-1968]
An application for a fire permit required by this article may be made orally and will be promptly granted or denied orally by the fire warden or his designated deputy and if granted, will be logged, and if requested, confirmed in writing. An application may be denied as constituting a danger to public safety when, because of weather, wind, drought, type and condition of material to be burned, proximity of structures or combustible materials, availability of means of fire control or other environmental factors, or other good and sufficient reason, the fire would constitute a hazard.
[Ord. No. 28, 6-17-1968]
No permit for an outdoor fire required by this article, shall be valid for more than seven (7) days.
[Ord. No. 28, 6-17-1968]
All permits for outdoor fires required by this article, shall be void when the wind exceeds ten (10) miles per hour or the forest fire danger, as given over the local radio or television stations, is "high" or "extreme."
[Ord. No. 28, 6-17-1968]
Any permit for an outdoor fire required by this article, may be revoked at any time, without prior notice, by the fire warden or any deputy designated by him to issue such permits.
[Ord. No. 28, 6-17-1968]
No outdoor fire of any type, except the type specified in section 5-17, shall be ignited within fifteen (15) feet of any structure or accumulation of combustible material, or within ten (10) feet of a property line, provided; however, that any outdoor fire ignited on other than a house lot shall be in an area from which all combustible material for a distance of fifteen (15) feet in all directions shall have been removed.
[Ord. No. 28, 6-17-1968]
No fire for which a permit has been granted under this article shall burn between sunset and sunrise unless as specifically authorized in a written permit issued in accordance with this article.
[Ord. No. 28, 6-17-1968]
Any person kindling or maintaining a fire under this article shall in no way be relieved of any legal responsibility if the fire is allowed to escape or cause personal injury to or damage to property of others. Neither the fire warden, any of his deputies nor the town, shall be liable for damages to the person or property of another resulting from a fire for which permission is given, or for any damage which may be caused by an incinerator which has been approved, either as to construction or location.
[Ord. No. 28, 6-17-1968; Ord. No. 283, 4-1-2008]
Any person who violates any provisions of this article or who shall fail to comply with any notice or order by the fire marshal or his deputies may be fined ninety-nine dollars ($99.00).