City Burn Ordinance

Article IV Outdoor Fires

Section 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, Sections 8-4--8-7; Ordinance of 5-10-83, Sections 8-4--8-7)

Cross reference - Penalty for Class 1 misdemeanor, Section1-11

Section 9-61 - General Conditions

  1. 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 than 5 feet in diameter and less than three 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 am and 8 pm
    5. All open burning except leaves from trees, shall be done at least 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 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.
  2. 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 that 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 an emergency order.

Questions to Ask Yourself Before Burning

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

If you have any questions about outdoor burning call the Martinsville Fire and EMS Department at 276-403-5325.