(A) Unlawful without permission. It shall be unlawful for any person to burn refuse, trash, lumber, leaves, grass, straw or any other combustible material in any street, alley, lot, yard or any other place within the city limits, without first securing permission as provided for in subsection (B) of this section.
(B) Persons authorized to grant permission. Only the Chief of the Fire Department or next in command is authorized to grant permission to persons to burn combustible material prohibited in subsection (A) of this section, as the Chief may determine. Permission shall be secured in writing and shall be valid only for the period of time designated.
(C) Instructions; regulations. It shall be the responsibility of the Fire Chief or his or her designee to visit the site of the proposed burning and to issue a set of instructions in writing, which shall serve to regulate the burning as it occurs. These regulations shall be issued for the purpose of safety and the protection of public and private property. The regulations shall include, but not be limited to, the following:
(1) Prohibition of burning on street pavement, curbs and gutters;
(2) Prohibition of burning within 30 feet of any building;
(3) Prohibition of burning on windy days;
(4) Prohibition of the use of flammable liquids to ignite fire;
(5) Requiring the presence of a ready to use garden hose at the site of the fire; and
(6) Not leaving the fire unattended unless it is completely extinguished before leaving.
(D) Violation; penalty. Any person violating any of the provisions of this section shall be assessed a penalty of $10, payable to the city. If the penalty is not paid within 14 days a complaint shall be filed by the Fire Chief with the County District Court. The Court will then have full jurisdiction of the offense and shall prescribe penalties at the court’s discretion.
(1977 Code, § 12-2) (Ord. 83-10, passed 4-25-1983; Ord. 83-39, passed 12-12-1983)
Cross-reference:
Fire prevention and protection, see Ch. 22