§ 6-3. Burning trash, papers, rubbish, garbage and other materials

(a) No person, firm or corporation shall burn any trash papers, rubbish or garbage out of doors anywhere in the town, except as hereinafter provided. This section shall not prohibit the use of an outdoor fire for cooking or for human warmth and comfort.

(b) No person, firm or corporation shall kindle or maintain any bonfire or rubbish fire of waste materials from construction or demolition of buildings or structures by burning on the premises or in the immediate vicinity.

(c) No person, firm or corporation shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on any private land without first having obtained permission from the fire department. The burning of refuse or materials that smolders or gives off noxious odors is prohibited.

(d) The chief of the fire department or his designee may prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fire hazardous.

(e) The burning of leaves, brush or pine straw that is permitted shall be at least fifteen (15) feet from any structure and the fire shall be constantly attended by a competent person until such fire is extinguished; that it shall be required before any fire is ignited that there shall be a water hose with sufficient water to control such fire and before leaving the area of the fire, water shall be applied to the burned area in sufficient quantity to assure it is extinguished. The burning shall be between 8:00 a.m. and 6:00 p.m. and shall not create a nuisance.

(f) While recognizing that open burning contributes to air pollution, the town is aware that certain types of open burning may reasonably be allowed in the public interest. Therefore, the following types of open burning are permissible as specified if burning is not prohibited by laws and regulations of governmental entities having jurisdiction. The authority to conduct open burning under the provisions of this does not excuse or exempt any person from complying with all applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction even though the open burning is conducted in compliance with this section. Permissible open burning is:

(1) Fires purposely set for the instruction and training of fire-fighting personnel when conducted under the supervision of:

a. Kure Beach Fire Department.

(2) Fires purposely set to forest lands for forest management practices acceptable to the division of forestry and the necessary governmental units.

(3) Camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions, or for human warmth and comfort.

(4) Open burning for land clearing or right-of-way maintenance in areas other than those zoned solely residential or used primarily for residential purposes, if the following conditions are met:

a. Prevailing winds at the time of burning shall be away from any city or town or built-up area, the ambient air of which may be significantly affected by smoke, fly-ash, or other air pollutants from the burning;

b. The location of the burning shall be at least one thousand (1,000) feet from any dwelling located in a predominantly residential area other than a dwelling structure located on the property on which the burning is done;

c. The amount of dirt on the material being burned shall be minimized;

d. Heavy oils, asphaltic materials, item containing natural or synthetic rubber, or any materials other than plant growth shall not be burned;

e. Initial burning shall generally begin only between the hours of 9:00 a.m. and 3:00 p.m., and no combustible material shall be added to the fire between 3:00 p.m. on one (1) day and 9:00 a.m. on the following day, except that deviation from these hours of burning may be granted by the air pollution control agency having jurisdiction. The owner or operator of the open burning operation shall be responsible for obtaining written approval for burning during periods other than those specified above in this part.

(g) The provisions of this section are severable, and if any sentence, section or other part of this section should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.

(h) Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor and punished or fined in the discretion of the court as by law provided.

(Ord. of 6-20-89; Ord. of 5-17-94)

refeditor

For purposes of classification, an ordinance adopted June 20, 1989, pertaining to the burning of trash, has been redesignated as § 6-3 at the discretion of the editor.