Chapter 7 · Fire

Article 4. Open Burning

Sections 7-401 to 7-409 · 9 sections

7-401 Definitions.

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

Burn permit — means a written permit designed to license, specify and document open burning.

Burn permit officer — means the fire chief or designee of the city fire department or the city manager. Any of such burn permit officers may individually issue burn permits in conformance with this article, the burn permit policy, and any other applicable law. The city manager may appoint a person to serve as a burn permit officer if any of such burn permit officers are unable to serve.

Burn permit policy — means a written policy, which sets forth the conditions for the issuance of a burn permit. Such policy is subject to the approval of the governing body and may be reviewed and amended at any time by the governing body. Such policy shall be made available for public examination at the city hall during normal business hours.

Fire department — means the city fire department or successor.

Open burning — means any burning that takes place outside a residential or business structure or any accessory structure thereto.

Premises — means the location of the proposed open burning and shall not include the interior of any residence or accessory structure.

(Ord. 1328; Code 2021)

7-402 Purpose of article.

The governing body has found that open burning within the corporate limits of the city creates potential hazards. It is hereby deemed necessary by the governing body to prohibit such open burning without a burn permit, and to set forth requirements for such a permit, and a written policy regarding such a permit as provided in this article.

(Ord. 1328; Code 2021)

7-403 Fines.

Any person who conducts an open burn without a burn permit or in violation of a burn permit or the burn permit policy must immediately extinguish the fire or be subject to a fine of not less than $50.00 nor more than $250.00 per offense. A second or subsequent violation shall be subject to a fine of not less than $100.00 nor more than $500.00 per offense.

(Ord. 1328; Code 2021)

7-404 Scope of article.

(a)This article is created to regulate the burning of garbage, trash, leaves, brush, junk, lumber, petroleum products, oils, tires, composition shingles, tar paper, chemicals, hazardous materials, and all similar items.

(b)Any burning that takes place within a residential or business structure or any accessory structure thereto that is fueled by wood, coal, or gas and is related to heating or cooking, is beyond the scope of this article, except that any such burning that creates a fire hazard for nearby structures is declared unlawful and is subject to the fines established in this article.

(c)Nothing in this article shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceeding or otherwise.

(Ord. 1328; Code 2021)

7-405 Burn permit officer; powers and duties.

A burn permit officer is hereby authorized to exercise such powers and duties as may be necessary to carry out the purposes of this article, including the following:

(a)Review and revise the burn permit policy at the direction of the governing body, and to advise the governing body in regard to this article.

(b)Inspect any premises for which a burn permit is sought prior to the issuance of a burn permit.

(c)Issue or refuse to issue burn permits in accordance with the burn permit policy, and to issue no burn permits when a burning ban is effective.

(d)Keep appropriate records of burn permit applications and burn permits issued.

(e)Have authority to enter upon a premises for which a burn permit is sought or has been obtained for the purpose of inspecting an open burning. Denial of entry to inspect an open burning is a violation of this article.

(f)Cause the extinguishment of any open burning being conducted without a burn permit, or in violation of a burn permit, the burn permit policy, and/or this article, or otherwise to bring violators of this article into compliance.

(g)Give testimony in court regarding violations of this article.

(Ord. 1328; Code 2021)

7-406 Duty of owner.

Whenever a property owner becomes aware of any open burning being conducted without a burn permit, or any violation of a burn permit, the burn permit policy, and/or this article on such owner’s property, regardless of how or by whom such unpermitted open burning or other such violation originated, it shall be the duty and obligation of such property owner to immediately cause the cessation of such unpermitted open burning or other violation. Failure to do so is a violation of this article by any and all such property owners.

(Ord. 1328; Code 2021)

7-407 Permit.

Open burning is hereby prohibited within the corporate limits of the city, unless the individual conducting the burning obtains a burn permit from a burn permit officer prior to the commencement of such burning. An individual seeking a burn permit may contact a burn permit officer during normal business hours through the city clerk or as posted at city hall.

(Ord. 1328; Code 2021)

7-408 Restrictions.

Open burning will be permitted only for the day the permit is issued and only under the requirements of that permit. There must be adequate time for the burn to be completed by dusk hours. If the burn permit officer believes there is a reasonable danger to the public, the burn permit officer can revoke the permit at any time. There must be a minimum of 25 feet from any structure to the burning area; distance will be at the burn permit officer’s discretion.

(Ord. 1328; Code 2021)

7-409 Burning ban.

When weather conditions make any burning hazardous in the professional opinion of the fire chief, then the fire chief may declare a burning ban, and no burn permits shall be issued as long as the burning ban is effective. The public shall be notified of any such burning ban by a notice published once in the official city newspaper and posted at city hall.

(Ord. 1328; Code 2021)