473.090 - Unlawful burning, blasting or use of fireworks, welding torch or other devices in district; permits; exceptions; penalty.
473.090 Unlawful burning, blasting or use of fireworks, welding torch or other devices in district; permits; exceptions; penalty.
1. Except as otherwise provided in this section and NRS 527.126, it is unlawful within the boundaries of any fire protection district organized under this chapter for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on the land of the person, firm, association, corporation or agency or on the land of another, or on public land, unless such burning or act is done under a written permit from the State Forester Firewarden or the State Forester Firewarden’s duly authorized agent and in strict accordance with the terms of the permit.
2. Written permission is not necessary:
(a) At any time during the year when the State Forester Firewarden determines that no fire hazard exists.
(b) To burn materials in screened, safe incinerators, or in incinerators approved by the State Forester Firewarden or the State Forester Firewarden’s duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at such fire at all times during its burning.
3. This section does not prevent the issuance of an annual permit to any public utility covering its usual and emergency operation and maintenance work within the district.
4. This section does not prevent the building of necessary controlled small camp and branding fires, but caution must be taken to make certain that the fire is extinguished before leaving, and, in any case where the fire escapes and does injury to the property of another, such escape and injury are prima facie evidence of a violation of this section.
5. The provisions of this section apply only to such portions of the fire protection district as are outside incorporated cities and towns.
6. Any person, firm, association, corporation or agency violating any of the provisions of this section is guilty of a misdemeanor.
[9.3:149:1945; added 1953, 119]—(NRS A 1957, 324; 1971, 1457; 1979, 1479; 1993, 1203)