A. The burning of trees, brush, grass and other vegetable matter shall be permitted only for the clearing of land for development and agricultural management and in compliance with the following conditions:
1. General written standards shall be established by the fire chief providing for fire safety and site maintenance. The fire chief or his designee may invalidate any permit if written fire safety and maintenance standards are not met or if the fire department responds to an uncontrollable fire due to burning at a permitted site on the property.
2. Burning will not be allowed when wind is over ten (10) miles per hour.
3. There must be twenty feet (20') of protective clearance area around the burn site.
4. Burning time is from one hour after sunrise to three (3) hours before sunset and additional fuel may not be intentionally added to the fire at times outside the limits stated above.
5. Fire extinguishing equipment must be on the premises at each burning site, during burning, i.e., extinguisher, buckets of water, water hose, etc. Any open burning shall be constantly attended until the fire is extinguished.
6. The burning permit will be valid for fourteen (14) calendar days beginning the day it was issued.
7. a. Size Of Burn: Size of the burn site fuel shall not be larger than ten feet (10') wide by ten feet (10') in length by ten feet (10') high, from ground surface. Upon request of a land developer and for good cause shown the burn permit may allow a burn pit of fifteen feet (15') wide by fifteen feet (15') in length by ten feet (10') high, however there must be at least two (2) individuals present to monitor the burn.
b. Subdivisions And Land Developers: Persons clearing and developing land for residential or commercial purposes upon obtaining a burn permit shall be allowed to have a burn site on every five (5) acres consisting of three (3) pits not larger than twenty feet (20') wide by twenty feet (20') in length by twenty feet (20') high, so long as the following conditions are complied with:
(1) Each pit is one hundred feet (100') from other pits.
(2) There must be a minimum of two hundred feet (200') of clearance from any structure, improvement, or adjacent property lines.
(3) A bulldozer and tanker truck must be on site with two (2) full time employees/workers monitoring the burn at all times.
(4) Subdivisions and land developers clearing property on fifteen (15) acres or larger may utilize burn piles. However, the same restrictions will apply for each five (5) acre tracts with the exception that one bulldozer will be required for each fifteen (15) acre tract.
8. The location of burning must be at least five hundred feet (500') from all residences or any business structures other than those located on the property on which the burning is conducted.
9. Any petroleum based product or similar materials which produce unreasonable amounts of air contaminants may not be burned. If the burning is offensive or a nuisance due to smoke or odor emissions the permit holder must extinguish immediately.
10. The fire chief, or designated representative, shall inspect the site of the proposed burning in the presence of the applicant, and may make such requirements as necessary and appropriate to prevent the spread of any permitted burning, including, but not limited to, provision of firebreaks as a condition of permit approval. In the event that such conditions are provided, verification of compliance shall be a condition of approval to proceed as required below.
11. The holder of the burn permit must provide to the city with (at the time the permit is issued) a ten thousand dollar ($10,000.00) permit bond or verification of liability insurance in an amount of not less than one hundred thousand dollars ($100,000.00), with said bond or insurance being subject to lien for any and all damages resulting from said open burning permit. (Ord. 1713, 12-11-2012)
12. Any person that violates any provisions contained within this section can be prosecuted in the municipal court within the city of Duncan, Oklahoma. Any person convicted of violating any provision in this section may be fined as provided in section 1-108 of this code. (Ord. 1713, 12-11-2012; amd. 2015 Code)