Chapter 18

(a) It shall be unlawful for the owner or occupant of a residential building, structure or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every owner or occupant to keep the premises of the residential property clean and to remove from the premises all abandoned items as listed above, including but not limited to weeds, dead trees, trash and garbage, upon notice from the building inspector.

(b) For the purpose of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power.
(Code 1981, § 8-5004)

Sec. 18-27. Uncontrolled growth of weeds, accumulations of refuse, detrimental conditions declared public nuisance.

The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:

The uncontrolled growth of noxious weeds or grass to a height in excess of 24 inches causing or threatening to cause a hazard detrimental to the public health or safety.
Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.
Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health.
Any condition detrimental to the public health which violates the rules and regulations of the county health department.

(Code 1981, § 8-4001)

Sec. 18-28. Complaint and investigation.

The clerk, upon notice from any person of the existence of any of the conditions described in section 18-27, shall cause to be made by the appropriate county health department official or town official such investigation as may be necessary to determine whether, in fact, the conditions exist as to constitute a public nuisance as declared in section 18-27.
(Code 1981, § 8-4002)

Sec. 18-29. Notice to abate nuisance.

Upon a determination that the conditions constituting a public nuisance exist, the clerk shall notify, by certified mail, the owner, occupant or person in possession of the premises in question of the conditions constituting the public nuisance, and shall order the prompt abatement thereof within 15 days from the receipt of the written notice.
(Code 1981, § 8-4003)

Sec. 18-30. Abatement by town.

If the person having been ordered to abate the public nuisance fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of the order, the clerk shall cause the condition to be removed or otherwise remedied by having employees of the town go upon the premises and remove or otherwise abate the nuisance under the supervision of an officer or employee designated by the clerk. Any person who has been ordered to abate a public nuisance may, within the time allowed by the order, request the town in writing to remove the condition, the cost of which shall be paid by the person making the request.
(Code 1981, § 8-4004)

Sec. 18-31. Costs incurred by owner.

The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of the lot or parcel of land, and it shall be the duty of the tax collector to mail a statement of the charges to the owner or other person in possession of the premises with instructions that the charges are due and payable within 30 days from the receipt thereof.
(Code 1981, § 8-4005)

Sec. 18-32. Charges become lien.

If charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of the charges, the charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. 160A-193.
(Code 1981, § 8-4006)

Sec. 18-33. Additional remedial action.

The procedure set forth in this division shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances, and this division shall not prevent the town from proceeding in a criminal action against any person violating the provisions of this chapter.
(Code 1981, § 8-4007)

Secs. 18-34--18-45. Reserved.

DIVISION 2.

JUNKED AND ABANDONED VEHICLES*

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* State Law References: Authority to regulate junked and abandoned motor vehicles, G.S. 160A-303, 160A-303.2.
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Sec. 18-46. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned vehicle. As authorized and defined in G.S. 160A-303, an abandoned motor vehicle is one that:

Is left upon a public street or highway in violation of a law or ordinance prohibiting parking.
Is left on a public street or highway for longer than seven days.
Is left on property owned or operated by the town for longer than 24 hours.
Is left on private property without the consent of the owner, occupant or lessee thereof, for longer than two hours.

Authorized official means the supervisory employee of the police department or the town building inspector respectively, designed to authorize the removal of vehicles under the provisions of this division.

Junked motor vehicle. As authorized and defined in G.S. 160A-303.2 the term, junked motor vehicle means a vehicle that does not display a current license plate lawfully upon the vehicle and that:

Is partially dismantled or wrecked;
Cannot be self-propelled or moved in the manner in which it originally was intended to move;
Is more than five years old and appears to be worth less than $100.00.

Motor vehicle or vehicle means all machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.

Nuisance vehicle means a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance and unlawful, including a vehicle found to be:

A breeding ground or harbor for mosquitoes, other insects, rats or other pests.
A point of heavy growth of weeds or other noxious vegetation over eight inches in height.
A point of collection of pools or ponds of water.
A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor.
One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, etc.
So situated or located that there is a danger of it falling or turning over.
One which is a point of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind.
One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass.
Any other vehicle specifically declared a health and safety hazard and a public nuisance by the town council.

(Ord. of 10-29-90, § 2)
Cross References: Definitions generally, § 1-2.

Sec. 18-47. Administration.

(a) The police department and the building inspector shall be responsible for the administration and enforcement of this division.

(b) The police department shall be responsible for administering the removal and disposition of vehicles determined to be abandoned on the public streets and highways within the town, and on property owned by the town.

(c) The town building inspector shall be responsible for administering the removal and disposition of abandoned, nuisance or junked motor vehicles located on private property.

(d) The town may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles and junked motor vehicles in compliance with this division and applicable state laws.

(e) Nothing in this division shall be construed to limit the legal authority or powers of officers of the town police department and fire department in enforcing other laws or in otherwise carrying out their duties.
(Ord. of 10-29-90, § 1)

Sec. 18-48. Abandoned vehicle unlawful; removal authorized.

(a) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned.

(b) Upon investigation, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(Ord. of 10-29-90, § 3)

Sec. 18-49. Nuisance vehicle unlawful; removal authorized.

(a) It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle.

(b) Upon investigation, the town building inspector may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed.
(Ord. of 10-29-90, § 4)

Sec. 18-50. Junked motor vehicle regulated; removal authorized.

(a) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.

(b) It shall be unlawful to have more than one junked motor vehicle on the premises of public or private property. Single permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.

(c) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section.

(d) Subject to the provisions of subsection (e), upon investigation, the town building inspector may order the removal of a junked motor vehicle after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing on the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered:

Protection of property values.
Promotion of tourism and other economic development opportunities.
Indirect protection of public health and safety.
Preservation of the character and integrity of the community.
Promotion of the comfort, happiness and emotional stability of area residents.

(e) Permitted concealment or enclosure of junked motor vehicle:

One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the town’s zoning ordinance if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. The building inspector has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives of this division.
More than one junked motor vehicle. Any other junked motor vehicle must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicle cannot be seen from a public street or abutting property. A garage or building structure means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.

(Ord. of 10-29-90, § 5)

Sec. 18-51. Removal of abandoned, nuisance or junked motor vehicles; pre-towing notice requirements.

(a) Except as set forth in section 18-52, an abandoned, nuisance or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle.

(b) In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail.

(c) The person who mails the notice shall retain a written record to show the name and address to which mailed, and the date mailed.

(d) If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town on a specified date (no sooner than seven days after the notice is affixed). The notice shall state that the vehicle will be removed by the town on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.

(e) With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of a junked motor vehicle that the aesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made to the town council in writing, heard at the next regularly scheduled meeting of the town council and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(Ord. of 10-29-90, § 6)

Sec. 18-52. Exceptions to prior notice requirement.

(a) The requirement that notice be given prior to the removal of an abandoned, nuisance or junked motor vehicle may, as determined by the authorized official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare.

(b) Such findings shall, in all cases, be entered by the authorized official in the appropriate daily records.

Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the town council hereby determines that immediate removal of such vehicles may be warranted when they are:
- a. Obstructing traffic.
- b. Parked in violation of an ordinance prohibiting or restricting parking.
- c. Parked in a no stopping or standing zone.
- d. Parked in a loading zone.
- e. Parked in bus zones.
- f. Parked in violation of temporary parking restrictions imposed under Code sections.
Other abandoned or nuisance vehicles.

(d) With respect to abandoned or nuisance vehicles left on town-owned property other than the streets or highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property.
(Ord. of 10-29-90, § 7)

Sec. 18-53. Post-towing notice requirements.

(a) Any abandoned, nuisance or junked motor vehicle which has been ordered removed may, as directed by the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the town.

(b) Whenever such a vehicle is removed the authorizing town official shall immediately notify the last known registered owner of the vehicle, such notice to include the following:

The description of the removed vehicle.
The location where the vehicle is stored.
The violation with which the owner is charged, if any.
The procedure the owner must follow to redeem the vehicle.
The procedure the owner must follow to request a probable cause hearing on the removal.

(c) The town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in subsections (b)(1) through (5) above, shall also be mailed to the registered owner’s last known address, unless this notice is waived in writing by the vehicle owner or his agent.

(d) If the vehicle is registered in this state, notice shall be given within 24 hours.

(e) If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal of the vehicle.

(f) Whenever an abandoned, nuisance or junked motor vehicle is removed, and such vehicle has no valid registration or registration plates, the authorized town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsections (b)(1) through (5) above.
(Ord. of 10-29-90, § 8)

Sec. 18-54. Right to probable cause hearing before sale or final disposition of vehicle.

(a) After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle.

(b) A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such hearing requests.

(c) The magistrate shall set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. 20-222.
(Ord. of 10-29-90, § 9)

Sec. 18-55. Redemption of vehicle during proceedings.

At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow nor engage in further violations of this division.
(Ord. of 10-29-90, § 10)

Sec. 18-56. Sale, disposition of unclaimed vehicle.

(a) Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle.

(b) Disposition of such a vehicle shall be carried out in coordination with the town and in accordance with G.S. ch. 44A, art. 1.
(Ord. of 10-29-90, § 11)

Sec. 18-57. Conditions on removal of vehicles from private property.

(a) As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures.

(b) In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the building inspector.

(c) The town may require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale thereof.
(Ord. of 10-29-90, § 12)

Sec. 18-58. Protection against criminal or civil liability.

No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance or junked motor vehicle, for disposing of such vehicle as provided in this division.
(Ord. of 10-29-90, § 13)

Sec. 18-59. Exceptions.

Nothing in this division shall apply to any vehicle:

Which is located in a bona fide automobile graveyard or junkyard as defined in G.S. 136-143, in accordance with the Junkyard Control Act, G.S. 136-141 et seq.
Which is in an enclosed building.
Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise.
Which is in an appropriate storage place or depository maintained in a lawful place and manner by the town.

(Ord. of 10-29-90, § 14)

Sec. 18-60. Unlawful removal of impounded vehicle.

It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the town any vehicle which has been impounded pursuant to the provisions of this Code unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid.
(Ord. of 10-29-90, § 15)

Secs. 18-61--18-80. Reserved.

ARTICLE III.

NOISE*

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* State Law References: Municipal authority to regulate noise, G.S. 160A-184.
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Sec. 18-81. Unnecessary noises enumerated.

It shall be unlawful for any person to create, or assist in creating, permit, continue, or permit the continuance of any unreasonably loud, disturbing and unnecessary noise in the town. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:

The sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.
The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle.
The use or operation of any piano, manual or automatic, phonograph, radio, loudspeaker or any other instrument, or sound-amplifying devices so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders the same a public nuisance; provided, however, that upon application to the mayor, permits may be granted to responsible organizations to produce programs in music, speeches or general entertainment.
The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.
The use of any automobile, motorcycle or other vehicle so out of repair or so loaded in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.
The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety and then only with a permit from the building inspector, which permit may be renewed for a period of three days or less while the emergency continues.
The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same are in session; or within 150 feet of any hospital, which unreasonably interferes with the working of such institution; provided conspicuous signs are displayed in such streets indicating that the street is a school, court or hospital street.
The creation of any excessive noise on Sundays on any street adjacent to any church; provided conspicuous signs are displayed in such streets adjacent to churches indicating that the street is a church street.
The creation of loud and excessive noise in connection with loading or unloading any vehicle, or the opening and destruction of bales, boxes, crates and containers.
The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof.
The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood; or anyone shouting within the corporate limits so as to disturb the peace and quiet of the neighborhood.
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, sale or display of merchandise.
The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the council.
The conducting, operating or maintaining of any garage or filling station in any residential district, so as to cause loud or offensive noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m.
The firing or discharging of a gun, squibs, crackers, gunpowder or other combustible substance in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the council.

(Code 1981, § 8-5001)

ARTICLE IV

AIR POLLUTION CONTROL REQUIREMENTS

Sec. 18-82. Purpose, Scope, And Impermissible Open Burning

(a) Purpose. The purpose of this Article is to control air pollution resulting from the open burning of combustible materials.

(b) Scope. This Article applies to all operations involving open burning. This Article does not authorize any open burning which is a crime under N.C.G.S. §§ 14-136 through 14-140.1, or affect the authority of the Division of Forest Resources to issue or deny permits for open burning in or adjacent to woodlands as provided in N.C.G.S. §§ 113-60.21 through 113-60.31. The issuance of any open burning permit by the Division of Forest Resources does not relieve any person from the necessity of complying with this Article or any other air quality rule.

(c) Impermissible Open Burning. A person shall not cause, allow, or permit open burning of combustible material except as allowed by this Article or as covered by a permit issued under this Article.

Sec. 18-83. Definitions

For the purpose of this Article, the following definitions apply:

"Air Curtain Burner" means a stationary or portable combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain.
"Dangerous materials" means explosives or containers used in the holding or transporting of explosives.
"Land clearing" means the uprooting or clearing of vegetation in connection with construction for buildings; right-of-way; agricultural, residential, commercial, or industrial development; mining activities; or the initial clearing of vegetation to enhance property value; but does not include routine maintenance or property clean-up activities.
"Log" means any limb or trunk whose diameter exceeds six inches.
"Nuisance" means causing physical irritation exacerbating a documented medical condition, visibility impairment, or evidence of soot or ash on property or structure other than the property on which the burning is done.
"Occupied structure" means a building in which people may live or work or one intended for housing farm or other domestic animals.
"Open burning" means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the atmosphere without passing through a stack, chimney, or a permitted air pollution control device.
"Person" as used in this Article, means:
(A)the person in operational control over the open burning, or
(B)the landowner or person in possession or control of the land when he has directly or indirectly allowed the open burning or has benefited from it.
(9)"Public pick-up" means the removal of refuse, yard trimmings, limbs, or other plant material from a residence by a governmental agency, private company contracted by a governmental agency or municipal service.
(10)"Public road" means any road that is part of the State highway system; or any road, street, or right-of-way dedicated or maintained for public use.
(11)"RACM" means regulated asbestos containing material as defined in 40 CFR 61.141.
(12)"Refuse" means any garbage, rubbish, or trade waste.
(13)"Salvageable items" means any product or material that was first discarded or damaged and then all, or part, was saved for future use, and include insulated wire, electric motors, and electric transformers.
(14)"Synthetic material" means man-made material, including tires, asphalt materials such as shingles or asphaltic roofing materials, construction materials, packaging for construction materials, wire, electrical insulation, and treated or coated wood.

Sec. 18-84. Permissible Open Burning

(a) All open burning is prohibited except open burning allowed under Paragraph (b) of this Article.

(b) The following types of open burning are permissible:

open burning for land clearing or right-of-way maintenance if the following conditions are met:

(A)Prevailing winds at the time of burning are away from any area, including public road within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, which may be significantly affected by smoke, ash, or other air pollutants from the burning;
(B)The location of the burning is at least 1,000 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. The Town Manager, or his designee, may grant exceptions to the setback requirements if: (i)a signed, written statement waiving objections to the open burning associated with the land clearing operation is obtained before the open burning begins from all residents or owners of dwellings, commercial or institutional establishments, or other occupied structures within 1,000 feet of the open burning site, or(ii)an air curtain burner, as described in Sec. 18-83 (1), is utilized at the open burning site;
(C)Heavy oils, asphaltic materials such as shingles and other roofing materials, items containing natural or synthetic rubber, or any materials other than plant growth are not burned. However, kerosene, distillate oil, or diesel fuel may be used to start the fire;
(D)Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day, except that, under favorable meteorological conditions, deviation from these hours of burning may be granted by the Town Manager, or his designee. The owner or operator of the open burning operation shall be responsible for obtaining written approval for burning during periods other than those specified in this Section; and
(E)No fires are started or vegetation is added to existing fires when the Division of Forest Resources has banned burning for that area. The material to be burned must originate from the land being cleared or the area being manitained.;

camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions, or for human warmth and comfort and which do not create a nuisance and do not use synthetic materials or refuse or salvageable materials for fuel;
fires purposely set to forest lands for forest management practices acceptable to the Division of Forest Resources;
fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural or agricultural practices acceptable to the Department of Agriculture;
fires purposely set for wildlife management practices acceptable to the Wildlife Management Commission;
fires for the disposal of dangerous materials when it is the safest and most practical method of disposal;
fires for the disposal of material generated as a result of a natural disaster, such as tornado, hurricane, or flood if the Town Manager, or his designee, grants permission for the burning. The person desiring to do the burning shall document to the Town Manager, or his designee, that there is no other practical method of disposal of the waste. Factors that the Town Manager, or his designee, shall consider in granting permission for the burning include type, amount, and nature of combustible substances. Neither the Town Manager nor his designee, shall grant permission for the burning if the primary purpose of the fire is to dispose of synthetic materials or refuse or recovery of salvageable materials. Fires authorized under this Subparagraph shall comply with the conditions of Subparagraph (b)(1) hereinabove;
fires purposely set by manufacturers of fire extinguishing materials or equipment, testing laboratories, or other persons, for the purpose of testing or developing these materials or equipment in accordance with a valid standard qualification program;
fires purposely set for the instruction and training of fire-fighting personnel, including fires at permanent fire-fighting training facilities, or when conducted under the supervision of or with the cooperation of one or more of the following agencies: (A)the Division of Forest Resources, (B)the North Carolina Insurance Department,(C)North Carolina technical institutes, or(D)North Carolina community colleges, including:(i)the North Carolina Fire College, or(ii)the North Carolina Rescue College; and
fires not described in Subparagraph (9) of this Paragraph purposely set for the instruction and training of fire-fighting personnel, provided that:

(A)The Town Manager, or his designee, has been notified not less than 48 hours in advance of such burning, and
(B)The Town Manager, or his designee, in his discretion, has granted permission for the burning. Factors that the Town Manager, or his designee, shall consider in granting permission for the burning include type, amount, and nature of combustible substances. The Town Manager, or his designee, shall not grant permission for the burning of salvageable items, such as insulated wire and electric motors or if the primary purpose of the fire is to dispose of synthetic materials or refuse. The Town Manager, or his designee, shall not consider previously demolished structures as having training value. However, the Town Manager, or his designee, may allow an exercise involving the burning of motor vehicles burned over a period of time by a training unit or by several related training units. Any deviations from the dates and times of exercises, including additions, post-ponements, and deletions, submitted in the schedule in the approved plan shall be communicated verbally to the Town Manager, or his designee, at least one hour before the burn is scheduled.
(C) The authority to conduct open burning under this Article does not exempt or excuse any person from the consequences, damages or injuries which may result from this conduct. It does not excuse or exempt any person from complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction even though the open burning is conducted in compliance with this Article.
(D) In the Town of La Grange a Burning Permit shall be obtained for intentional burning of any institutional, commercial, public, industrial, or residential structure, installation, or building, for the instruction and training of fire-fighting personnel. A permit application may be obtained from the Office of the Town Manager, at the Town Hall. The permit shall be obtained prior to burning. Burning shall take place within the dates specified by the permit, or the Town Manager, or his designee, shall be notified and the permit shall be revised, if necessary, prior to burning.
(E) Violation of this Ordinance shall constitute a misdemeanor and shall be punishable by fine or imprisonment in the discretion of the Court. Each violation shall constitute a separate offense.

Sec. 18-85. Air Curtain Burners

(a) Air permits shall not be required for air curtain burners located at temporary land clearing or right-of-way maintenance sites for less than nine months.

(b) Air curtain burners described in Paragraph (a) of this Rule shall comply with the following conditions and stipulations:

(1)Prevailing winds at the time of burning shall be away from any area, including public road within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, which may be significantly affected by smoke, ash, or other air pollutants from the burning;
(2) Only collected land clearing materials may be burned. Heavy oils, asphaltic materials, items containing natural or synthetic rubber, tires, grass clippings, collected leaves, paper products, plastics, general trash, garbage, or any materials containing painted or treated wood materials shall not be burned. Leaves still on trees or brush may be burned;
(3)No fires shall be started or material added to existing fires when the Division of Forest Resources has banned burning for that area;
(4)Burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m.;
(5)Air curtain burners shall meet manufacturers specifications for operation and upkeep to ensure complete burning of material charged into the pit. Manufacturers specifications shall be kept on site and be available for inspection by Department staff;
(6)Except during start-up, visible emissions shall not exceed five percent opacity when averaged over a six-minute period except that one six-minute period with an average opacity of more than five percent but no more than 35 percent shall be allowed for any one-hour period. During start-up, the visible emissions shall not exceed 35 percent opacity when averaged over a six-minute period. Start-up shall not last for more than 30 minutes, and there shall be no more than one start-up per day;
(7)The owner or operator of an air curtain burner shall not allow ash to build up in the pit to a depth higher than one-third of the depth of the pit or to the point where the ash begins to impede combustion, whichever occurs first. The owner or operator of an air curtain burner shall water the ash prior to its removal to prevent the ash from becoming airborne;
(8)The owner or operator of an air curtain burner shall not load material into the air curtain burner such that it will protrude above the air curtain;
(9)Only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to start the fire; and
(10)The location of the burning at temporary sites shall be at least 500 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted.
(11)The material to be burned must originate from the land being cleared or the area being manitained. Compliance with this Rule does not relieve any owner or operator of an air curtain burner from the necessity of complying with other rules in this Article or any other air quality rules.

(c) Recordkeeping Requirements. The owner or operator of an air curtain burner at a temporary site shall keep a log of total number of tons burned per temporary site.

(d) Title V Considerations. Burners that have the potential to burn 15,000 tons of material or more per year may be subject to Subchapter 3Q .0500, Title V Procedures.

(e) Prevention of Significant Deterioration Consideration. Burners that burn 38,000 tons per year or more may be subject to 3D .0530, Prevention of Significant Deterioration.