It is lawful for a person or entity to establish a fire without a permit for the purposes of burning incident to agricultural or horticultural meeting all of the following criteria:
(A) The person or entity owns or leases agricultural or horticultural land over five acres in size, (as defined by state code), and the person or entity is engaged in any of the following:
(1) Farming and/or crop production;
(2) Livestock grazing;
(3) Ditch and associated with farmland or crop production areas;
(4) Open fields (including stubble); and/or
(5) Controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards as set forth by the state’s Department of Environmental Quality.
(B) The controlled burning of not more than two structures per year by the city’s Fire Department for the purpose of training fire service personnel when the national weather service clearing index is above 500; or
(C) Governmental prescribed burning authorized by the City Fire Chief or Fire Marshal.
(Prior Code, § 13.04.060) (Ord. 21-04, passed 4-1-2021) Penalty, see § 94.999