A. Permits Issued: Open burn permits may be issued by the Fire Chief, an individual designated by the Fire Chief, City Clerk, or City Council upon such terms and conditions as follows:
1. There shall be no fee for an open burn permit.
2. Applicants shall make application to the Fire Chief, City Clerk or City Council on such forms as provided by the City of Deary.
3. In addition to other requirements or conditions as may be established, that applicant may be required, in the Fire Chief's, City Clerk's, or City Council's discretion, to: a) provide proof of sufficient insurance or other means of financial responsibility, and b) provide a plan describing the applicant's proposed means of extinguishment and suppression as a condition for granting a permit.
4. Permits may only be issued for a maximum of five (5) consecutive days.
5. The City Council, at its discretion, may put a moratorium on the issuance of any open burn permits. The City Council may also extend the duration and modify the conditions of any open burn permit upon request of the Fire Chief, the City Clerk or an applicant.
B. Application Denial: The Fire Chief, or individual designated by the Fire Chief, may deny any application if:
1. The applicant fails to provide any information requested.
2. Granting the permit would pose an undue risk to the safety of persons or property.
3. The applicant has been cited for violating this chapter on more than three (3) occasions in one calendar year.
4. Any other reason permitted by law.
A denial of an application shall be served in writing by certified mail or by personal delivery to the applicant.
C. Appeals:
1. If the Fire Chief or City Clerk denies an application, the applicant may appeal the denial to the City Council by filing a written request for an appeal hearing within twenty eight (28) days after the date the denial was mailed.
D. Variances:
1. The City Council may grant variances to the conditions contained herein upon application from any interested party if the Council finds that the variance would not adversely impact the health, safety and welfare of the citizens and if any requested variance meets the standards and approval of the Fire Department. (Ord. 363, 2012)