§ 92.04 BURNING PERMITS.
   (A)   General. Except for permits issued by the State Department of Natural Resources for fire training and permanent burn sites, the City Fire Chief or designee may issue a burning permit for any of the following:
      (1)   Fires set for the elimination of a fire hazard which cannot be abated by any other practical means;
      (2)   Fires purposely set for forest and game management purposes when no other alternative methods are practical;
      (3)   The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, roadway, highway or railroad right-of-way, and in accepted agricultural land management practices, where chipping, composting, landscaping or other alternative methods are not practical;
      (4)   The disposal of diseased trees generated on site, diseased or infected nursery stock or diseased bee hives; and
      (5)   Ground thawing for utility repair and construction.
   (B)   Procedure for permit issuance.
      (1)   Application for a burning permit shall be submitted to the City Fire Chief on a form prescribed by the city.
      (2)   The Fire Chief or designee shall review the application to ensure compliance with the provisions of this subchapter and any applicable state laws and/or regulations.
      (3)   The Fire Chief or designee will inspect the proposed burn site on such occasions and at such time as is deemed necessary to adequately review the application. Submission of the application shall constitute authorization for the Fire Chief or designee to enter the premises for this purpose.
      (4)   The Fire Chief or designee shall either grant or deny the application.
   (C)   Denial of permit.
      (1)   Application for a burning permit may be denied for any one of the following reasons.
         (a)   The proposed fire or burn site does not meet the requirements of divisions (C)(1)(b) through (C)(1)(e) below.
         (b)   The Fire Chief or designee determines that there is a practical alternative method of disposal of the material.
         (c)   The Fire Chief or designee determines that the fire would result in a pollution or nuisance condition.
         (d)   The Fire Chief or designee determines that the burn cannot be safely conducted and no plan has been submitted to adequately address the safety concerns.
         (e)   The location of the burning is within 200 feet of an occupied residence other than those located on the property on which the burning is conducted.
      (2)   The reason for denial of any application shall be noted on the application.
   (D)   Revocation of permit. An officer of the State Department of Natural Resources, the City Fire Chief or the officer in charge may revoke any burning permit for appropriate reasons including, but not limited to:
      (1)   A fire hazard exists or develops during the course of the burn;
      (2)   Pollution or nuisance conditions develop during the course of the burn;
      (3)   The fire smolders with no flame present; and
      (4)   Any of the conditions of the permit are violated during the course of the burn.
(Ord. 94-3, passed 6-20-1994)