§ 91.01 OPEN BURNING PERMITS.
   (A)   All burning permits issued within the geographical limits of the county, shall require, in addition to any other conditions imposed by the county or other authority, the following.
      (1)   No fires shall be ignited before 10:00 a.m. or after 6:00 p.m., provided, further, all fires shall be completely extinguished one hour before sunset.
      (2)   The geographical area of the county shall be divided into 12 zones, numbered 1-12 as shown on the table below, and the maximum number of acres per zone which may be actually burning at any given time shall be dependent upon the status of the clearing index for that particular day, all as shown on Exhibit “B” attached to the ordinance codified herein.
Stubble Fields Allowable Acres to Burn
Clearing Index
Zone
0-499
500-699
700-999
1000+
Stubble Fields Allowable Acres to Burn
Clearing Index
Zone
0-499
500-699
700-999
1000+
1
NO BURNING
50 A
75 A
400 A
2
NO BURNING
50 A
75 A
400 A
3
NO BURNING
50 A
75 A
400 A
4
NO BURNING
50 A
75 A
400 A
5
NO BURNING
50 A
75 A
400 A
6
NO BURNING
50 A
75 A
400 A
7
NO BURNING
50 A
75 A
400 A
8
NO BURNING
50 A
75 A
400 A
9
NO BURNING
25 A
50 A
100 A
10
NO BURNING
25 A
50 A
100 A
11
NO BURNING
50 A
75 A
400 A
12
NO BURNING
25 A
50 A
100 A
Notes to Table:
A= Number of acres burning at any given time
Call into dispatch prior to burning and after completion
Reduce allowable acreage in zone by 50% if corn stubble is being burned
 
      (3)   (a)   When the clearing index is less than 500 feet within the corporate limits of the county, no burning shall occur within the corporate limits of the county, except such limited burning as may be allowed at the discretion of the county’s Fire Marshal.
         (b)   The county’s Fire Marshal shall, in exercising his, her, or their discretion, consider the time of day, the potential for the clearing index to rise above 500 feet, the difference in the clearing index between the point of measurement and the point of proposed burning, the number of fires already burning, if any, the quantity of material to be consumed in the proposed burning, the quality of the material to be consumed in the proposed burning, and the length of the proposed burn.
      (4)   No burning shall occur in any area which has received any precipitation within the immediately preceding 24 hours prior to the ignition of any fire.
      (5)   All ashes must be incorporated into the ground within 24 hours of the fire being extinguished, with the exception of fence lines, ditches, ditch banks, levees, and canals.
      (6)   All burning fires must be supervised and tended by an individual actually remaining at the site of the fire at all times while the fire is burning.
   (B)   The county’s Fire Marshal shall establish a reasonable procedure whereby persons seeking burning permits will be able to obtain the same upon application, assuming burning is permitted under provisions of this subchapter.
   (C)   All permittees must have the permit in possession before commencing any burning, and the permit shall be present at the site of the fire at all times supervision of the fire is required by this subchapter.
   (D)   A burning permit is not required for the burning of fence lines on cultivated lands, canals, or irrigation ditches where burning will not pose a threat to forest, range, or watershed lands, provided due care is used in the control of the burning, and that the individual notifies the county’s Sheriff Dispatch Office of the approximate time the burning will occur.
   (E)   No permits for burning will be issued for any Sunday or any Monday, nor shall any permits be issued during the week when the County Fair is held, from Tuesday through and including Saturday of that week.
(Ord. 177, passed 4-14-1992; Ord. 254, passed - -) Penalty, see § 91.99