§ 9-20. Open burning prohibited.

(a)

Except as otherwise provided herein, open burning of commercial waste, residential trash, garbage, lawn debris, clippings, trees or other debris on residential, commercial or industrial property is prohibited within the city limits of the City of Flagler Beach.

(b)

The following types of open burning are permitted if pre-approved by the fire inspector or his or her designee and a permit issued by the fire inspector or his or her designee for such activities:

(1)

Ceremonial fires;

(2)

Prescribed burns conducted by fire control agencies;

(3)

When an emergency condition exists within the city that warrants burning; and

(4)

Campfires or bonfires on the beach; provided that, during the period between May 1 and October 31, due to sea turtle nesting season, campfires and bonfires are prohibited from dusk until dawn.

Such permits may be issued in the context of a pre-annexation agreement. All such permits shall address appropriate disbursal of smoke and its adverse affects.

(c)

The following types of open burning do not require permitting by the fire inspector and are permitted if conducted in a safe manner and without the creation of a nuisance:

(1)

Outdoor fireplaces, kilns, ovens or other similarly approved devices;

(2)

Outdoor cooking fires that are engaged in bona fide food provision, are constantly attended while burning, and are no larger than three (3) feet in diameter with flames no higher than three (3) feet; and

(3)

Warming fires conducted at work sites in a metal barrel when the temperature is below forty-five (45) degrees Fahrenheit.

(d)

Applications for open burning permits shall be on forms provided by the fire department. The applicant for an open burning permit shall provide the fire inspector with an estimate of the number of days upon which the burning will occur. The city commission may establish application fees for open burning permits by resolution. The total application fee due shall be based on the number of days for which an open burning permit is sought. If the actual number of days the open burning occurs is less than the estimated number of days provided by the applicant, the applicant shall be entitled to a refund. If a period longer than the estimated number of days for open burning is necessary, the applicant shall obtain a permit for all such additional days in the same manner as the original permit prior to continuation of the open burning.

(e)

Nothing herein shall relieve any person from complying with any other applicable law, rule, regulation or ordinance relating to open burning.

(Ord. No. 2011-07, § 2, 7-14-11; Ord. No. 2012-07, § 2, 5-24-12)