Open burning of materials within the city shall be limited as follows:
   (A)   Open burning of materials shall not cause a nuisance as defined in Iowa Code Chapter 455B.
   (B)   Open burning of materials shall not cause a nuisance as defined at Chapter 3 Section 307 Open Burning and Recreational Fires of the 2006 edition of the International Fire Code as adopted by the City of Clinton, Iowa.
   (C)   Open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. No fire may be kindled when wind speed exceeds 15 miles per hour.
   (D)   Where and when required by federal, state or local law or regulations, open burning shall only be permitted with prior approval from the federal, state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
   (E)   Open burning shall not be conducted within 50 feet of any structure or other combustible material. Conditions which could cause the fire to spread to within 50 feet of a structure shall be eliminated prior to ignition. Clearance from structures and other combustible material may be reduced to not less than 25 feet when the pile size is three feet or less in diameter and two feet or less in height.
   (F)   The Fire Chief or his or her designee is authorized to require that open fires be immediately discontinued if determined that smoke emissions are offensive to occupants of surrounding property or if the open burning is determined to constitute a hazardous condition.
   (G)   Open burning permits may be denied or revoked based on a violation of this chapter.
(Ord. 2429, passed 10-26-2010) Penalty, see § 103.99