§ 22-174. EXCEPTIONS TO OPEN BURNING PROHIBITION.
   Open burning of the types and subject to the conditions as hereinafter stated shall be exempt from the prohibition in § 22-173 of this code.
   (A)   Recreational fires are permitted, in accordance with all of the following conditions.
      (1)   A state, county, or city burn ban is not in effect.
      (2)   Stacked size of firewood shall not exceed three feet in diameter by two feet in height.
      (3)   Fires shall be located at least 15 feet from any structures or combustible materials.
      (4)   Only firewood shall be used.
      (5)   Fire extinguishing equipment such as buckets, shovels, garden hoses, or a fire extinguisher with a minimum 4-A rating shall be readily available.
      (6)   Fires shall be constantly attended by a responsible person at least 18 years of age within sight of the flames until the fire is completely extinguished.
      (7)   Sustained winds must be less than 15 mph as measured at the site of the recreational fire.
      (8)   A recreational fire will be immediately discontinued if the Fire Marshal, Fire Chief, or designee determines the fire is creating a fire safety hazard.
   (B)   Fires under managed supervision, for which a burning permit has been obtained from the Fire Marshal, but limited to the following:
      (1)   Fires purposely set for the instruction and training of public and industrial firefighting personnel;
      (2)   Fires set for the elimination of a fire hazard which cannot be abated by any other practical means;
      (3)   Fires purposely set for forest, prairie, grassland, and game management purposes; or
      (4)   The burning of trees, brush, grass, and other vegetative material in the clearing of land, the maintenance of a street, road, or highway right-of-way, and in accepted agricultural land management practices, provided that all conditions placed on the permit by the Fire Marshal are met.
   (C)   Exceptions to conduct fires under this section does not excuse a person from the consequences, damages, or injuries which may result therefrom, nor does it exempt any person from regulations promulgated by any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation.
(Prior Code, § 22-174) (Ord. 2015-051, passed 5-4-2015)