§ 46-40. Outside burning.

(a)

In general, except as provided in subsection (b), no person shall kindle [or maintain any kind of fire in a] public or private place outside of any building. Fire started in violation of this section shall be promptly extinguished by the person responsible for same upon notice by the fire chief or his duly designated agent. During the existence of an air pollution alert, as may be declared by the mayor, all exceptions are void and no open fires shall be kindled.

(b)

Exceptions:

(1)

Open burning may be done under written permit as follows:

a.

Types of fires. No person shall kindle or maintain any kind of fire such as bonfires, rubbish, brush, trash, papers, leaves, or garbage without written permit from the Milledgeville Fire Department. The burning of garbage or refuse that smolders or gives off noxious odors is prohibited.

b.

Chief may prohibit. The chief of the fire department or his designee may prohibit any and all fires outdoors when atmospheric conditions or local circumstances make such fires hazardous. Primary concern will be the protection of property and the health, safety and comfort of persons from the effects of burning.

c.

Open burning of leaves and rubbish. The burning of leaves and rubbish within the city limits is prohibited except as follows:

1.

The open burning of leaves and rubbish shall be permitted daily between the hours of 8:00 a.m. and sundown. Smoke will be extinguished by sundown.

2.

Any such fire shall be constantly attended by a competent person until such fire is extinguished.

d.

Issuing of permits. Issuing of permits shall be done as follows:

1.

Permits will be issued Monday through Saturday between the hours of 8:00 a.m. and 5:00 p.m.

2.

Permits will be issued at the Milledgeville Fire Department located at 201 West Thomas Street, or upon the inspection of the burn site by the fire chief or his duly designated agent.

3.

Each permit will be signed by the owner of the property or by the persons responsible for the fires.

e.

Permits and fees:

1.

Each permit will be issued by the fire department. Permits must be issued prior to burning and each permit will be valid for the day the permit is issued.

2.

Any commercial burning will require a permit fee. The fee will be based on $25.00—$100.00 per day depending on the size and location of the burn.

(2)

Open burning may be done without a permit as follows:

a.

Open fires may be set in performance of an official duty of any public officer if the fire is necessary for one or more of the following reasons or purposes:

1.

For the prevention of a fire hazard which cannot be abated by other means;

2.

For the instruction of public firefighters or industrial employees under the supervision of the fire chief; or

3.

For the protection of public health.

b.

Fires may be used for the cooking of food, provided no smoke violation or other nuisance is created.

c.

Salamanders or other devices may be used for heating by construction or other workers, provided no smoke violation or other nuisance is created.

d.

Fires may be set in the course of agricultural operations in growing crops or raising fowl or animals, provided no nuisance is created.

e.

Open fires such as campfires may be set for recreational purposes, provided no smoke violation or nuisance is created.

(3)

Materials, locations, and fire extinguishing equipment:

a.

All fires must be attended, and adequate fire equipment to extinguish the fire shall be available at all times at the site of the fire.

b.

No fire can be permitted to cause smoke, soot, offensive odors, visible emissions, heat, flame, radiation or other conditions to a degree that they become a nuisance.

c.

No charcoal burners shall be kindled or maintained on combustible balconies or within ten feet (3.1m) of combustible patios on ground floors, with the exception of single-family dwellings.

d.

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

e.

Any open fire ignited or permitted to be burned shall be at least 50 feet from any residence on the property where the burning is to be conducted or 100 feet from any other occupied building, at least 50 feet from any public road and minimum of 25 feet from any woodlands, forest or brush.

f.

No person shall deposit hot ashes or cinders, or smoldering coals, or greasy or oily substances liable to spontaneous ignition, into any combustible materials, except in metal or other noncombustible covered receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground outside the buildings, shall be placed on noncombustible stands and in every case shall be kept at least two feet from any combustible wall or partition or exterior window opening.

g.

The moisture content and composition of the material to be burned must be favorable to good burning so that air pollution is minimized. Green or wet material may not be burned.

h.

The burning of the following is expressly prohibited:

1.

Tires and other similar materials.

2.

Bunker C oil.

3.

Asphalt.

4.

Roofing.

5.

Railroad cross ties and other creosoted lumber.

6.

Plastics.

7.

Waste pesticide containers.

8.

Garbage with food materials.

9.

Trash, other than yard trash and paper products.

i.

This section shall control in case of conflict with any other city ordinance.

j.

Any person, firm or corporation in violation of any provision of this section shall be fined not less than $25.00 nor more than the maximum penalty as provided by the Charter of the City for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. of 12-12-1995)