ARTICLE IV. OUTDOOR FIRES

Sec. 9-60. Violations of article.

Unless otherwise specifically provided a violation of any
provision of this article shall constitute a Class 1 misdemeanor.
(Ordinance of 8-24-82, § § 8-4--8-7; Ordinance of 5-10-83, § § 8-4--8-7)
Cross reference -- Penalty for Class 1 misdemeanor, § 1-11

Sec. 9-61 General conditions.

(a) It shall be unlawful for any person to do any open
burning outdoors in the city, unless the following
conditions are complied with:

(1) Only paper, cardboard, leaves, and tree, yard
and garden trimmings located on the premises of private
residences may be burned;

(2) Any open burning of such material must take
place on the premises of the private residence where
such material is located;

(3) Unless all material burned is fully contained
within a box or cage of metal or other noncombustible
material or consists only of leaves or of tree, yard
and garden trimmings, in a pile less then five (5) feet
in diameter and less then three (3) feet in height, prior approval for the burning must be obtained from the
fire chief or an on-duty fire department officer;

(4) All open burning must be done between
9:00am and 8:00pm;

(5) All open burning except leaves from trees,
shall be done at least three hundred (300)feet from
any occupied building, unless the occupant of the
building has given prior permission for burning closer
to the building. All open burning of leaves from trees
shall be-done at least fifty (50) feet from any occupied
building, unless the occupant of the building has given
prior permission for burning closer to the building;

(6) All outdoor fires shall be attended at all times;

(7) No person shall allow an outdoor fire to
spread to the lands or property of another or allow
such fire to jeopardize any building, machinery, or vehicle.

(b) If any officer of the city fire department
finds that a person engaged in outdoor burning is
contributing to air pollution and that such pollution
creates an emergency which requires immediate action
to protect the public or safety, or that a person
engaged in outdoor burning is violating one or more
conditions of this section or is creating a fire hazard
requiring immediate action to protect the public health
or safety, such officer shall order the immediate
extinguishment of such fires and the immediate discontinuance
of such burning. It shall be unlawful for any person
to refuse to obey such emergency order.


Before Burning Check These:

  1. Is the wind calm?
  2. Is the ground damp?
  3. Is it between 9:00am and 8:00pm
  4. Is the burning to be done over 300 feet from any occupied building?
  5. Is there a cleared safety strip around the area to be burned?
  6. Is your debris pile away from any trees and overhead power lines?
  7. Is there ample help available?
  8. Can the fire be attended until it is dead out?
  9. Can you get a garden hose to the fire area?

If you have any questions about outdoor burning call the Martinsville Fire & EMS Department
276-403-5202 or send an e-mail to Fire Marshal Ted Anderson.