§ 92.09  OPEN BURNING BAN; WAIVER.
   (A)   There shall be a state-wide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
   (B)   The Fire Chief of the Municipal Fire Department or his or her designee may waive an open burning ban under division (A) above for an area under his or her jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the Fire Chief or his or her designee to a person desiring to conduct open burning shall be in writing, signed by the Fire Chief or his or her designee, and on a form provided by the State Fire Marshal.
   (C)   The Municipal Fire Chief or his or her designee may waive the open burning ban in his or her jurisdiction when conditions are acceptable to the Chief or his or her designee. Anyone burning in such jurisdiction when the open burning ban has been waived shall notify the Fire Department of his or her intention to burn.
   (D)   The Municipal Fire Chief may adopt and promulgate rules and regulations listing the conditions acceptable for issuing a permit to conduct open burning under division (B) above.
   (E)   The Municipal Fire Department may charge a fee, not to exceed $10, for each such permit issued. This fee shall be remitted to the governing body for inclusion in the general funds allocated to the Fire Department. Such funds shall not reduce the tax requirements for the Fire Department. No such fee shall be collected from any state or political subdivision to which such a permit is issued to conduct open burning under division (B) above in the course of such state’s or political subdivision’s official duties.
(Prior Code, § 7-209)  (Ord. 479, passed 8-16-1982; Ord. 605, passed 3-20-1995)
Statutory reference:
   Related provisions, see Neb. RS 81-520.01