§ 8-69. Permissible open burning.

(a)

Open burning pursuant to the written authorization of an appropriate federal, state or local official having regulatory authority over the open burning is permitted.

(b)

Open burning is permitted for training and instruction of fire fighters under the supervision of a bona fide fire fighting official, industrial in-house fire fighting personnel, or for the purpose of training the public in firefighting techniques as approved by the chiefs of any volunteer fire departments within the county.

(c)

Open burning is permitted for campfires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers.

(d)

Open burning is permitted for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack.

(e)

Open burning is permitted for forest management and agriculture practices approved by the State Air Pollution Control Board.

(f)

Open burning is permitted for the disposal of leaves, and tree, yard, and garden trimmings located on the premises of private property by the residents of such property, provided that the following conditions are met:

(1)

Such burning shall be conducted in small piles. The term "small pile" shall be governed by common sense and shall generally mean the smallest sized pile which reasonably will allow the material to be disposed of effectively. In no event shall any such pile or the total of such piles be greater than 100 square feet in area, nor shall any individual pile be more than ten (10) feet in height.

(2)

No burning shall occur in roadside ditches or on any public or private road.

(3)

No burning shall occur in any public or private drainage facility.

(4)

The burn pile shall not be less than 100 feet from any occupied dwelling other than a dwelling located on the property where the burning is being conducted and shall not be less than 50 feet from any structure wherever located. For any burn pile more than three (3) feet in height, the distance from an occupied dwelling other than a dwelling located on the property where the burning is being conducted shall be increased to 150 feet. In addition, provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.

(5)

The open burning shall be attended constantly until the fire is completely extinguished and water, sand, dirt, or fire extinguishers shall be available at the burn site and in quantities sufficient to completely extinguish the fire.

(6)

To the extent possible, the open burning shall be conducted so as to use the prevailing winds to carry smoke away from any subdivision or other built up residential or commercial area.

(g)

Open burning is permitted for the disposal of debris waste resulting from property maintenance, when such debris waste cannot be adequately addressed under the provisions of subsection (f) of this section, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by the agent provided the following conditions are met:

(1)

All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the agent;

(2)

The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition or construction waste;

(3)

The burning shall be at least 300 feet away from any occupied building other than a building located on the property on which the burning is conducted, unless otherwise approved by the agent;

(4)

The burning shall be conducted at the greatest distance practicable from highways and airfields;

(5)

The burning shall be attended at all times in accordance with section 8-42 and conducted to ensure the best possible combustion with a minimum of smoke being produced;

(6)

The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials;

(7)

The burning shall be conducted only when the prevailing winds are away from any subdivision or other built-up residential or commercial areas.

(8)

A permit must be obtained.

(Ord. of 3-2-2004(2), § 3)

(Ord. of 3-2-2004(2), § 3)