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(A) Restrictions. Except for barbecue grills that use propane or charcoal as fuel and are used primarily for outdoor cooking; decorative lanterns or lamps; and/or outdoor fireplaces as defined in division (B) below, it shall be unlawful to start or maintain a fire within the city outside of a building.
(B) Outdoor fireplaces. OUTDOOR FIREPLACES shall include portable fire pits, chimineas and fire rings. These outdoor fireplaces use wood as a fuel and are used for contained recreational fires for the purpose of outdoor cooking and personal enjoyment. PORTABLE FIRE PITS are defined as being commercially designed and intended to confine and control outdoor wood fires. CHIMINEAS are further defined as an outdoor patio fireplace, usually made from clay, intended to confine and control outdoor wood fires. All outdoor fireplaces shall meet the following requirements.
(1) The fire fuel area and openings shall be completely enclosed by steel screening or an approved non-combustible screening material with openings in screening to be not larger than one-half inch square. Vent stacks and chimneys shall have a steel screen cover made of heavy wire mesh or other non-combustible material with openings not larger than one-half-inch square. Not permitted are barrels, half-barrels, drums or similarly constructed devices.
(2) The fuel area for a fire pit shall not be larger than three feet in diameter and a height of more than two feet.
(3) All outdoor fireplaces will be placed on a firm, non-combustible surface while in use and shall be at least 15 feet from the property line and ten feet from the nearest building structure or combustible fence. Outdoor fireplaces shall not be located on balconies or decks. Outdoor fireplaces shall not be located under any combustible balcony or any overhanging part of a structure.
(4) Outdoor fireplaces shall only burn propane, commercial logs, untreated wood or natural sawed dry wood. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber or any material that causes excessive heat, smoke or offensive smell shall not be permitted.
(5) The amount of material being burned shall be limited to ensure the flames are confined inside the fuel area of the outdoor fireplace and shall provide the flames do not extend into the chimney or above the pit. The manufacturer’s recommendation on the maximum amount of fuel to be used at one time shall be followed.
(6) Outdoor fireplaces shall be under constant supervision by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished and embers are cool and the fire will not rekindle.
(7) A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.
(8) Outdoor fireplaces shall not be operated when winds will cause embers or other burning materials to be carried to any building or other combustible materials. Outdoor fireplaces shall not be operated when weather conditions are extremely dry.
(9) The owner is responsible to ensure proper maintenance and care in accordance with manufacturer’s instructions. The outdoor fireplace should be checked regularly for the appearance of cracks and other physical deterioration or loose parts.
(10) Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately if declared to be a nuisance as determined by responding fire personnel or law enforcement officers.
(Prior Code, § 91.20) (Ord. 11-31, passed 10-3-2011) Penalty, see § 10.99
(A) All stoves and other heating devices shall be installed at a proper distance from combustible materials and portions of the building. Any combustible materials or portions of the building that are dangerously close to the heating devices shall be protected by noncombustible material.
(B) All chimneys, flues and fireplaces shall be kept clean and free from excessive accumulation of ashes, soot or cinders and shall be kept in good and proper repair.
(C) This section shall apply both to existing structures and those which may hereafter be erected.
(Neb. Rev. Stat. § 16-222) (Prior Code, § 91.21) Penalty, see § 10.99
It shall be unlawful for any person to leave or deposit any combustible or inflammable rubbish or material in any building, lot or street within the city and leave it exposed.
(Prior Code, § 91.22) (Ord. 720, passed 7-6-1951) Penalty, see § 10.99
Statutory reference:
Similar state law, see Neb. Rev. Stat. §§ 16-222, 16-227
(A) It shall be lawful to build or set out certain fires, provided that the person building the fires shall have the substance to be burned in a fireproof trash burner or incinerator with a metal fireproof screen of not more than one-half inch mesh and located at least 20 feet from any building. The incinerator shall be built in such a way as to not permit the escape of burning substances. If any person shall require a fire in the course of that person’s trade such as a contractor, the fire shall be built and maintained in the manner prescribed by the Fire Chief. All fires shall be built after 7:00 a.m. and completely extinguished by 8:00 p.m., except the aforesaid fires used in the course of a trade which shall be allowed during such hours as the Fire Chief shall prescribe.
(B) It shall be unlawful for any person to set fire to, burn or cause to be burned any garbage, animal matter, vegetable matter, straw, hay, leaves or brush. There may be exceptions, but the Fire Chief will have to address them on a case by case issue. There shall be no burning inside the city limits.
(Prior Code, § 91.23) Penalty, see § 10.99
Statutory reference:
Burning regulations, authority, see Neb. Rev. Stat. §§ 16-222 and 16-227
Statewide burning ban; local exceptions, see Neb. Rev. Stat. § 85-520.01
TRANSPORTATION AND HANDLING OF EXPLOSIVES
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VEHICLE. Any conveyance of any type whatsoever operated upon the streets or highways within the city limits which is marked or which is required to be marked with any of the following markings:
(1) Explosives;
(2) Dangerous;
(3) Compressed gas;
(4) Dangerous, radioactive material; or
(5) Poison gas.
(Prior Code, § 91.40)
No explosives, poisons, acids or gases, of which the vehicle transporting the same is required to bear the markings mentioned in § 91.30 of this code, may be transferred from one vehicle to another except in case of breakdown or collision, and then only after notifying and under the supervision of the Police and Fire Departments. However, this section shall not be so construed so as to prohibit the transfer, pickup or delivery of articles or materials, the storage of which is permitted.
(Prior Code, § 91.41) Penalty, see § 10.99
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