Yes. The City has a burning ordinance within the City of Kinston Municipal Code of City Ordinances. The burning ordinance was reimplemented back into the ordinance code May 19, 2021. Part II Code of Ordinances, Chapter 10 Fire Prevention and Protection, Article III Code, Section 10-106 Burning Prohibited. Violations of this ordinance are explained under Part II Code of Ordinances, Chapter 10 Fire Prevention and Protection, Article 1 In General, Section 10-12 Violations Declared Unlawful; Penalties
Sec. 10-106. - Burning prohibited
- a) Except as allowed herein, 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, on or in any street, sidewalk, alley, lot or yard, or public rights of way. This prohibition shall not apply to (1) the use of portable or manufactured outdoor grills or fireplaces used in accordance with the manufacturer’s instructions and for the purposes of outdoor cooking or for human warmth and comfort or (2) open burning that has been pre-approved in writing by the City’s designated fire official.
- b) Violations of this section shall be subject to criminal and/or civil penalties as set forth in this Chapter.
Sec. 10-12. - Violations declared unlawful; penalties.
- It shall be unlawful for any person to violate this chapter, to permit or maintain such a violation, to refuse to obey any provision of this chapter, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the fire official in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.
- Any person who shall violate any of the provisions of the code adopted in section 10-101; violate or fail to comply with any order made thereunder; build in violation of any details, statements, specifications, or plans submitted or approved thereunder; operate not in accordance with the provisions of any certificate, permit, or approval issued thereunder, and from which no appeal has been taken; or fail to comply with such an order as affirmed or modified by the fire official or by a court of competent jurisdiction within the time fixed by this chapter; shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) or by imprisonment for not less than thirty (30) days and not more than sixty (60) days or by both such fines and imprisonment. The imposition of a penalty for any violation shall not excuse the violation nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions and the costs thereof assessed against the property in violation as a lien against the property.
- (Code 1961, § 11-3; Ord. No. 79-86, §§ 2, 15(3), 11-17-86; Ord. No. 22-2001, 3-19-01; Ord. No. 2-2005, § 1, 1-3-05; Ord. No. 2012-45, Exh., 11-19-12)