§ 18-1. Open burning.

(a)

Within fire limits. No person shall burn or cause to be burned any trash, refuse, shavings, paper, leaves, litter or other material of any kind outside any house, business, structure, on or in any street, sidewalk, alley, lot or yard within the fire limits.

Exceptions:

(1)

Luminaries (permit required);

(2)

Approved cooking devices.

(b)

Outside fire limits. No person shall burn or cause to be burned any trash, refuse, shavings, paper, leaves, litter or other material of any kind outside any house, business, structure, on or in any street, sidewalk, alley, lot or yard outside the fire limits.

Exceptions:

(1)

Luminaries (permit required);

(2)

Approved cooking devices;

(3)

Recreational fires (permit required).

(c)

Rural areas. Open burning shall be allowed in rural areas for homeowners that are not accessible for pickup by City of Shelby vehicles. This shall not include areas that have access to transport the material to a city street for pickup. Open burning shall include the following: Grass clippings, leaves, branches, limbs, and logs not over six inches in diameter. Any burning shall also meet all regulations with the North Carolina Department of Environmental and Natural Resources (Division of Air Quality). All burning shall be prohibited when a burning ban is in effect. Open burning shall not include material or waste produced by contractors or any type building material and trash or rubbish. An inspection of the site and a permit shall be obtained prior to any burning. The inspection and permit shall be obtained from the Shelby Fire Marshal's Office 24 hours prior to burning. Any violation of the stated conditions will void any permit. Any condition resulting in emission of smoke that becomes a nuisance or result in complaints shall be extinguished.

(d)

Land clearing. Open burning by any property owner or their representative for the use of land clearing and debris removal is prohibited. This includes trees, limbs, stumps, construction material and other similar debris.

Exception:

The fire chief may approve open burning for the purpose of land clearing on large undeveloped tracts of land in circumstances where it is impractical for the debris to be hauled from the site. This provision shall be limited to areas in the corporate limits of the city that are significantly rural, or undeveloped; and where it is determined that such activity will not endanger life, property, or pose an undue nuisance. The open burning shall be limited in scope to land clearing and debris removal. Before burning begins, a permit shall be obtained from the fire department.

(Code 1985, § 7-67; Ord. No. 3-2004, 2-16-2004; Ord. No. 41-2011, 8-1-2011; Ord. No. 48-2017 , 6-19-2017)

Cross reference

Solid waste, ch. 38.