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There shall be a state-wide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land. The Fire Chief of the Municipal Fire Department or his or her designee may waive an open burning ban issued under this section for an area under his or her jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. Said permit issued by the Fire Chief shall be in writing, signed by the Fire Chief, and on a form provided by the State Fire Marshal. The Municipal Fire Chief or his or her designee may waive the open burning ban in his or her district when conditions are acceptable to the Chief. Anyone burning in such district when the open burning ban has been waived must notify the Fire Department of his or her intention to burn.
(Prior Code, § 7-208) (Ord. 1982-5, passed 10-6-1982) Penalty, see § 92.99
Statutory reference:
Related provisions, see Neb. Rev. Stat. 81-520.01
It shall be unlawful for any person, firm, or corporation to store or keep in the residential district of the municipality for any period of time any form of poisonous or flammable gas or liquified petroleum gas in excess of ten gallons or add to, enlarge, or replace any facility used for the storage of such gases. For the purposes of this section, POISONOUS AND FLAMMABLE GASES shall include, but not be limited to, gasoline, kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, and benzol.
(Prior Code, § 7-301) (Ord. 1994-14, passed 10-5-1994; Ord. 2001-7, passed 6-6-2001) Penalty, see § 92.99
(A) Outdoor fireplaces, definitions and requirements. The term OUTDOOR FIREPLACES shall include permanent fire pits, 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. OUTDOOR FIREPLACES for purposes of this section do not include barbeque grills that use propane or charcoal as a fuel and used primarily for outdoor cooking. PORTABLE FIRE PITS are defined as being commercially designed and intended to confine and control outdoor wood fires. CHIMINEAS are 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) Construction. 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. Fire fuel areas shall be covered with 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) Size. 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) Location. Outdoor fireplaces shall be placed on a stable non-combustible surface such as a concrete pad. All outdoor fireplaces will be placed on a firm, noncombustible surface while in use and shall maintain a 25-foot distance from the nearest structure. Outdoor fireplaces shall not be located on combustible balconies or decks or on any balcony above the first floor. Outdoor fireplaces shall not be located under any combustible balcony or any overhanging part of a structure.
(B) Types of materials being burnt. Outdoor fireplaces shall only burn commercial logs and untreated wood; natural sawn dry wood will be allowed to be burned. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber or any material that may flow out of the containment or cause excessive heat, smoke, or offensive smell shall not be permitted.
(C) Amount of materials being burnt. The amount of material being burnt shall be limited to ensure the flames are confined inside the fuel area of the outdoor fireplace and 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.
(D) Supervision. 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.
(E) Provisions for protection. A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.
(F) Wind and weather conditions. Outdoor fireplaces shall not be operated when winds are blowing over ten mph and wind direction will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other combustible materials. Outdoor fireplaces shall not be operated when weather conditions are extremely dry.
(G) Maintenance. The owner is responsible to ensure proper maintenance and care is accomplished in accordance with manufacturer's instructions. The outdoor fireplace will be checked regularly for the appearance of cracks and other physical deterioration or loose parts.
(H) Smoke nuisance. Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of the neighboring property owner of any smoke nuisance. Outdoor fireplace use will be immediately discontinued if the use of the outdoor fireplace is determined to constitute a hazardous or unpleasant condition to occupants of surrounding property.
(Ord. 2020-04, passed 8-12-2020) Penalty, see § 92.99
EXPLOSIVES
(A) In addition to notifying the Municipal Fire Department pursuant to Neb. Rev. Stat. 28-1233(3), any person desiring to store or keep for any period of time explosive materials as defined in Neb. Rev. Stat. 28-1213, shall register such information with the Village Clerk 24 hours prior to such storage. The transfer of explosive materials to another person within the municipality shall require the person receiving the explosive materials to register the transfer and the new location of the explosive materials with the Village Clerk. The transfer of explosive materials to a new location by the owner shall require registration of the new location with the Village Clerk.
(B) All explosive materials shall be stored in a proper receptacle made of cement, metal, or stone and be closed at all times, except when in actual use. Such receptacles shall not be located in any room where there are flames or flammable materials. The area surrounding storage facilities shall be kept clear of rubbish, brush, dry grass, or trees not less than 25 feet in all directions. Any other combustible materials shall be kept a distance of not less than 50 feet from outdoor storage facilities.
(Prior Code, § 7-401) (Ord. 1994-12, passed 10-5-1994)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-549, 17-556, 28-1229, and 28-1233
In addition to notifying the Municipal Fire Department pursuant to Neb. Rev. Stat. 28-1233(3), any person desiring to discharge explosive materials, as defined in Neb. Rev. Stat. 28-1213, within the municipality, shall apply for and secure a permit from the governing body 24 hours prior to such discharge, and shall discharge such explosive materials in conformance with the conditions specified in the permit. In no case shall any person perform blasting operations unless operating under the direct supervision of a person in possession of a valid user’s permit issued by the State Patrol.
(Prior Code, § 7-402) (Ord. 1989-8, passed 12-6-1989; Ord. 1994-13, passed 10-5-1994)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-549, 17-556, 28-1229, and 28-1233
(A) Any person wishing to transport high explosives in the municipality shall first acquire a permit from the Utilities Superintendent or the governing body and shall take such precautions and use such route as he or she may prescribe. Nothing herein shall be construed to apply to the Utilities Superintendent, or any of the Armed Services of the United States.
(B) No vehicle transporting explosives shall make an unscheduled stop for longer than five minutes within the municipality and in the event of mechanical failure, immediate notice of such breakdown shall be given the Utilities Superintendent or governing body who shall then prescribe such precautions as may be necessary to protect the residents of the municipality and a reasonable time for removal of the vehicle from the municipality.
(Prior Code, § 7-403)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-549 and 28-1235
It shall be unlawful for any person, firm, partnership, or corporation to store or keep for any period of time anhydrous ammonia in any form. The provisions of this section shall extend to the zoning jurisdiction of the village.
(Prior Code, § 7-404) (Ord. 1985-6, passed 8-7-1985) Penalty, see § 92.99
FIREWORKS
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of common or special fireworks set forth by the U.S. Department of Transportation in C.F.R. Title 49.
(Neb. Rev. Stat. 28-1241)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-556
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