§ 14-48. Burning procedures and restrictions.

(a)

Applicability. No person may engage in any burning of any nature except in strict conformity with the procedures provided in this section in addition to all other applicable provisions of this division.

(b)

Tools required. Persons engaged in burning shall have sufficient tools present at the fire to control the fire at all times. The burning site shall have, as a minimum, a shovel and an extinguishing medium (charged garden hose, a portable water pump, fire extinguisher, etc.) for control purposes.

(c)

Supervision. A person of at least 18 years of age shall remain at the fire at all times to monitor and assure the fire remains under control. The person shall continuously monitor the burning and assure the fire remains under control at all times.

(d)

Size of burn pile. Only one burn pile shall be allowed per permit issued. The size of any burn pile shall not exceed the dimensions of an eight-foot diameter by four feet high at all times during the actual burning of materials. Notwithstanding the foregoing, on parcels exceeding ten acres, the size of the pile shall not exceed the dimension of a 20-foot diameter by ten feet high at all times during the actual burning of materials.

(e)

Distances. A burn pile must be more than 30 feet from any adjacent property line or any property of a public utility, and more than 50 feet from any nonresidential building, wood pile or any abundance of combustible materials. Burning on a public road or right-of-way is prohibited at any time except by the town highway department.

(f)

Wind and wind-draft. No burning shall be permitted and existing fires shall be extinguished if the National Weather Service, county sheriff's department or local media reports a wind speed in excess of ten miles per hour. No burning shall be permitted if the wind direction is such that smoke or soot will be visibly carried onto any adjoining building off premises; or when it would be a source of annoyance to other persons or threaten the safety of public roadways.

(g)

Prohibited burn materials. The burning of garbage, food waste, animal waste, diapers, green or wet vegetation, asphalt or petroleum-based products, chemicals, tires, products of rubber or plastic material, treated lumber, composite woods, carpeting, furniture, silo bags, pesticide containers, fertilizer and seed bags or other materials which create toxic or noxious smoke is prohibited at all times.

(h)

Hours of burning. Unless specifically provided herein, burning shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. on all days. In all cases, the fire shall be completely extinguished by 10:00 p.m.

(Code 1981, § 9.14(1)(d))