§ 90.13 OPEN BURNING.
   (A)   No trash, grass, brush, or waste material of any kind shall be openly burned within the city in an unguarded manner and without the attendance of some competent person in actual attendance at the burning, and in control thereof.
   (B)   During any season when a burning permit is required, no person shall openly burn any trash, grass, brush, or waste material of any kind without first obtaining a permit from the Fire Chief for the burning, as herein prescribed.
   (C)   Each person desiring to openly burn any material herein referred to shall first apply for and receive from the Fire Chief a permit for the fire, the issuance of which shall be discretionary with the Fire Chief with due regard to existing fire hazards. The Fire Chief shall make any rules and regulations for burning with a permit as he or she shall deem appropriate. Each person obtaining a permit shall be given notice of the rules and regulations under which the permit is issued, and any violations of the regulations shall be deemed a violation of this section.
   (D)   The Fire Chief shall establish the seasons during which a permit shall be necessary and may delegate the function of issuing permits hereby imposed upon him or her to any city official as he or she may designate. The Fire Chief may waive the requirement of obtaining a permit during non-hazardous seasons.
   (E)   The Chief of the Fire Department may, at all reasonable hours, enter any building, except a private dwelling, for the purpose of providing for fire prevention and protection in connection with hazardous materials, processes, and situations. Upon finding any fire hazards existing, he or she may require the removal or correction of the hazards. Any person failing to take the measures as may be required in order to eliminate a fire hazard within 30 days after he or she is served with a written notice by the Fire Chief, containing a detailed statement of the corrections to be made, shall be deemed in violation of this section and, upon conviction, punished as herein provided.
   (F)   The Fire Chief is hereby appointed as a Deputy City Marshal for the purpose of enforcing this section and other fire protection ordinances and, in connection therewith, shall have all the powers and obligations incidental thereto, including the power and authority of the City Marshal to make and affect arrests.
(Prior Code, § 93.01) (Ord. 285, passed 11-5-1962) Penalty, see § 90.99