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§ 92.52 BURNING PROHIBITED.
   It shall be unlawful for any person, firm, or corporation to burn any garbage, rubbish, or trash, either in an open fire or in any container or incinerator, within the city limits; except for those persons, firms, or corporations with an approved burning permit on property located within the (A) Agriculture District.
(1973 Code, § 7-213) (Ord. 765, passed 11-11-2007) Penalty, see § 10.99
§ 92.53 OPEN BURNING BAN; WAIVER.
   (A)   There shall be an open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
   (B)   The Fire Chief may waive an open burning ban under division (A) of this section for an area under the municipal Fire Department's jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the Fire Chief to a person desiring to conduct open burning shall be in writing, signed by the Fire Chief, and on a form provided by the State Fire Marshal.
   (C)   The Fire Chief may waive the open burning ban in the municipal Fire Department's jurisdiction when conditions are acceptable to the Chief. Anyone intending to burn in that jurisdiction when the open burning ban has been waived shall notify the Fire Chief of his or her intention to burn prior to starting the burn.
   (D)   The Fire Chief may adopt standards listing the conditions acceptable for issuing a permit to conduct open burning under division (B) of this section.
   (E)   The 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. These 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) of this section in the course of that state's or political subdivision's official duties.
(Neb. RS 81-520.01) (Ord. 845, passed 3-8-2012)
§ 92.54 RECREATIONAL BURNING DEVICES.
   (A)   No person shall be permitted to engage in open burning in any form within the city except for recreational fires contained in an appropriate patio wood burning unit and the use of barbecue grills, smokers or other devices designed specifically for cooking.
   (B)   PATIO WOOD BURNING UNIT shall be defined as:
      (1)   A commercially manufactured fire pit originally purchased from a retail store and which is located a minimum of 15 feet from any building and is located at least 10 feet from any property line;
      (2)   A self-constructed "in ground" fire pit for which a building permit has first been obtained from the city and which is designed to include the following:
         (a)   A metal fireproof screen of not more than one-inch mesh so as not to permit the escape of burning paper or other substance;
         (b)   The fire pit shall be located at least 20 feet from any building, and is located at least 10 feet from any property line;
         (c)   The fire pit shall be constructed of fireproof, noncombustible materials such as steel, brick, or masonry and shall not exceed three feet in diameter and shall be at least four inches in depth in the ground.
   (C)   All users of a patio wood burning unit shall be required to comply as follows:
      (1)   Constantly attended and supervised by at least one responsible, capable person who should be near the fire at all times;
      (2)   Have adjacent thereto a portable fire extinguisher or other approved extinguishing equipment, such as a readily available garden hose;
      (3)   Not have a fire pile exceeding two feet in height;
      (4)   Not exceed three feet in diameter;
      (5)   Nor burn any material that is offensive or objectionable because of smoke or odor omissions;
      (6)   Be subject to immediate extinguishment if a city official determines that the burning of material in the fire pit creates or adds to a hazardous or objectionable situation.
   (D)   Violation of this section shall be punishable pursuant to § 10.99. Fines for a first offense shall be no less than $100 and for each second or subsequent offense shall be $250.
(Ord. 914, passed 3-9-2017)
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