§ 16-1. Precautions against fire.

(a)

Burning permit required. No person shall kindle or maintain any bonfire, rubbish fire or brush fire or authorize any such fire to be kindled or maintained without having obtained a permit or other property authorization. During construction or demolition of buildings, structures or vegetation, no waste materials, rubbish or vegetation shall be disposed of by burning on the premises or in the vicinity without having obtained a permit or other property authorization.

(b)

Issuance of burning permit; fee; revocation. Permits and authorization shall be issued by the town fire department and the decision to issue such a permit or not to issue such a permit shall be solely at the discretion of the town fire department. An administrative fee of shall be charged to anyone obtaining a permit. The town fire department may revoke an issued permit at any time. No other agency in the municipality shall be authorized to issue any permit to burn.

(c)

Burning restrictions. No person shall kindle or maintain any bonfire or rubbish fire on any private land unless:

(1)

The location is not less than 75 feet from any structure and not less than 75 feet from any property line;

(2)

The fire is contained in an approved waste burner located safely no less than 15 feet from any structure.

(3)

Fires must be extinguished no less than two hours before sunset.

Trees and other flammable vegetation shall be considered structures for this subsection. Each permit issued will be valid for a period of 48 hours, and may be extended by the town fire department, if requested. A permit must be obtained for each burning site.

(d)

Burning of lawn growth. A permit or other proper authorization shall be obtained for the individual burning of lawn growth. Such burning shall be for the purpose of removing of old growth and to promote the ongoing health of the lawn. For such purposes only will the distance requirements of subsection (c) of this section be waived. All other subsections of this section shall apply for these purposes.

(e)

Fire extinguishing equipment and arrangements. Bonfires, rubbish fire, vegetation fires on construction or demolition sites, and any burning of lawn vegetation shall be constantly attended by a competent individual until such fire is completely extinguished. Such competent person shall have a hose attached to a constant water supply, or other fire extinguishing equipment adequate to extinguish whatever fire may be kindled and maintained. The town fire department shall be the official authority for determining the adequacy of the extinguishing equipment, and may refuse to issue a permit if the equipment is deemed inadequate.

(f)

Prohibiting conditions for burning. The town fire department may prohibit any or all types of burning outdoors when atmospheric or other local circumstances make such fires unacceptably hazardous.

(g)

Fires set for public health and safety or training. Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for the prevention of a hazard which cannot be abated by other means, for the protection of public health and safety, or for the purposes of training for fire safety officers under direct supervision.

(h)

Kindling in public roadways. No fire of any type shall be kindled or maintained in any public roadway at any time.

(i)

Fires in violation to be extinguished. Fires kindled or maintained in violation of this section shall be promptly extinguished by the person responsible for the fire upon notice by any public safety officer, fire officer or any official agent of such officer.

(j)

Penalties for violation of section. Any person kindling or maintaining any outdoor fire in violation of this section shall, upon conviction, be punished in accordance with section 1-8.

(Code 1985, §§ 7-301, 7-302; Ord. No. 99-02, § 1, 4-20-1999; Ord. No. 07-27, 8-21-2007)