§ 20-117. Notice and permit requirements; exceptions.

(a)

Except as otherwise provided in this section, any person lawfully entitled to burn any woods, lands, marshes, or any other flammable vegetation, whether in cultivated or uncultivated areas, shall, prior to such burning, obtain a permit therefor from the county fire chief. The permit fee shall be as set forth in the county's fee schedule.

(b)

It shall not be necessary to obtain a permit otherwise required by this section if a sudden emergency requires a firing in order to render one's premises safe. In any prosecution under this section, a necessary firing in a sudden emergency shall constitute an affirmative defense, but the burden of proving such necessity shall rest upon the person asserting it as a defense.

(c)

Subject to the limitations and conditions otherwise provided in this section, it shall not be necessary to obtain a permit otherwise required to burn improved pastures, residue on cultivated crop land, or leaf piles if the person, intending to burn such residue shall, prior to such burning, give notice of the approximate time and location thereof to the fire chief or his designee.

(d)

The notice and permit required by this section shall be in addition to any other requirement for burning provided for by this Code or state law or regulation.