A person shall not kindle or maintain or authorize to be kindled or
maintained any open burning unless conducted and approved in accordance with
this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
BARBECUE PIT
A noncombustible container designed for roasting or baking food or
meat over an open fire.
BONFIRE
An outdoor fire utilized for ceremonial purposes. A ceremony is a
formality observed on a special or specific occasion; a ritual; a customary
procedure.
COOKING DEVICE
A noncombustible, listed device designed for cooking food or meat.
A listed cooking device shall be fueled by either natural gas, liquified petroleum
gas (LP gas), or commercial charcoal or briquests.
OPEN BURNING
The burning of materials wherein products of combustion are emitted
directly into the ambient air without passing through a stack or chimney from
an enclosed chamber. Open burning does not include road flares, smudgepots,
and similar devices associated with safety or occupational uses.
OUTDOOR FIREPLACE
A noncombustible container designed for burning wood wherein products
of combustion are emitted into the air by either passing through a stack or
chimney from an enclosed container or emitting into the air without passing
through a stack or chimney from an enclosed container. The total fuel area
shall be three feet or less in diameter and two feet or less in height.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel
being burned is contained in a container designed for burning and has a total
fuel area of three feet or less in diameter and two feet or less in height
for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
Open burning shall be prohibited.
Bonfires and recreational fires shall be constantly attended until the
fire is extinguished. A minimum of one portable fire extinguisher with a minimum
4-A rating or other locally approved on-site fire extinguishing equipment,
such as dirt, sand, a water barrel, garden hose or fire truck, shall be available
for immediate utilization.
Any person who shall fail to comply with this chapter shall be guilty
of a violation; however, in no case shall the fine imposed exceed a fine of
$250 and/or a fifteen-day jail sentence. Each day that a violation continues
shall be deemed a separate offense.