[Ord. No. 26-04, 3-17-2026]
A. It shall be unlawful for any person to openly burn wood shavings, leaves, rubbish, trash, garbage, treated and creosoted wood, any plastic or chemical material or fluid, or any other material within the City limits of Charlack, except that the burning of natural uncontaminated tree wood shall be permitted on private property as follows:
1. The open burning of natural uncontaminated tree wood is permitted when said burning is done in an appropriate container, appliance, fire pit or ring, or other fireplace structure that is designed and intended to be used for the purpose of wood burning, and has a base dimension no greater than sixteen (16) square feet.
a. When being used for burning, said container, appliance, or structure shall be set back as follows:
(1) No less than twenty-five (25) feet from a structure or combustible material.
(2) No less than twenty-five (25) feet from a property line on lots greater than twenty thousand (20,000) square feet.
(3) No less than fifteen (15) feet from a property line on lots not greater than twenty thousand (20,000) square feet.
2. The property owner, tenant, or other responsible adult shall supervise the burning at all times.
3. When open burning of any material creates an air pollution problem, a nuisance condition, or a fire hazard, or when atmospheric conditions are unfavorable for burning such as during a Fire Weather Watch or Red Flag Warning, said burning shall immediately cease and the fire and embers be extinguished.
4. No open burning shall be permitted on public property without having applied for and obtained a special permit from the City of Charlack. Said permit may be revoked by the City at any time for non-compliance with any provision of the City's Municipal Code, including this Section.
5. Bonfires for public or private events or for recreational purposes on public or private property shall only be allowed by special permit from the City of Charlack and the appropriate fire district. Said permit may be revoked by the City at any time for non-compliance with any provision of the City's Municipal Code, including this Section.