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(a) No person shall kindle or maintain outside of a habitable building any bonfire, burn or permit to be burned, any trash, paper, rubbish, wastepaper, wood, weeds, brush, plants or other combustible or flammable material anywhere within the Town limits, except when:

(1) The burning is in the course of an agricultural operation in the growing of crops as gainful occupation and presents no fire hazard to other property in the vicinity;

(2) The burning is solely for cooking food for human consumption, and said cooking is done in a manner consistent with safe practice;

(3) The burning is in an outdoor fireplace, chimney, firepit or similar apparatus and is contained in such a manner to be safe;

(4) The burning is a training fire conducted by the fire protection district or is a training fire conducted by a fire department or privately for industrial or commercial fire training purposes, and approved in writing by the Fire Chief.

(5) The burning is a smokeless flare or a safety flare used to indicate some danger to the public;

(6) The burning is solely for the purpose of fuels mitigation to alleviate wildland fire potential or weed abatement to assist restoration of native plants, and is approved in writing by the Fire Chief;

(7) The burning is conducted by the Town, in the sole discretion of the Town Manager; or

(8) The burning of a sky lantern, defined as “an unmanned device with a combustible fuel source that incorporates an open flame in order to make the device airborne,” unless permitted by the Fire District or fire department.

(b) This Section is declared to be noncriminal. Upon conviction, penalties set forth at Section 10-9 of this Code may be imposed by the Municipal Court. (Ord. 824 §1, 2006; Ord. 1002 §16, 2009; Ord. 1003 §1, 2009; Ord. 1088 §1, 2012; Ord. 1250 §1, 2017)