(A) In addition to the requirements set forth herein, for burning permitted under this section, the following shall be required:
(1) All burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, highways, railroads or airfields;
(2) No materials shall be burned on any street, curb, gutter, sidewalk, city right-of-way or on the ice of a pond;
(3) No open or outdoor burning may be conducted on days when the Department of Environmental Quality has declared an “air quality action day” applicable to the county;
(4) Should the city experience a drought, water conservation period, or other unspecified emergency, open and/or outdoor burning may be prohibited at the sole discretion of the Fire Chief;
(5) No items shall be brought into the city for open or outdoor burning by any licensed or unlicensed contractor, including without limitation, for demolition, tree service, or lawn service;
(6) The fire load will be limited up to two cords of wood. All wood shall comply with all city ordinances regarding the storage of firewood;
(7) Under no circumstances shall gasoline be used to start any fire;
(8) The Fire Chief shall retain discretion to require additional conditions or restrictions, should the circumstances of a particular proposed open or outdoor burning so require.
(B) Air contamination.
(1) It shall be unlawful for any person to permit or cause the emissions of such quantities of air contaminants from whatever source in a place or manner as to be detrimental to any person or to the public or to endanger their health, comfort, or safety of any person or the public, or in such manner as to cause injury or damage to property or business. Each day that a violation of this section occurs shall constitute a separate offense.
(2) Nothing in any section of this chapter relating to regulation of emission of air contaminants shall in any manner be construed as authorizing or legalizing the erection or the maintenance of a nuisance.
(C) Hours. Open burning with a permit shall be carried on only between the hours of 8:00 a.m. and 4:00 p.m. of the official time of the city.
(D) Attendance at burning. Any open burning permitted under the provisions of this chapter shall be constantly attended by a responsible person until the fire is extinguished. That person shall have immediately available such fire extinguishing equipment as the Chief of the Fire Prevention Division deems necessary to keep the fire under control and to extinguish the open fire in a reasonable time.
(E) Extinguishment of fires. Any open fire permitted under the provisions of this chapter shall be immediately extinguished on the order of the Chief of the Fire Prevention Division, or his or her authorized assistants, when found to be conducted in such a manner as to violate divisions (A), (B), (C) and (D) of this section. Any open fire started without permit first being obtained under this subchapter shall be immediately extinguished on order of the Chief of the Fire Prevention Division or his or her authorized assistants.
(F) Disposal of ashes or debris. Ashes or debris from any open fire permitted under the provisions of this chapter shall be covered with at least six inches of earth or otherwise disposed of in a safe manner acceptable to the Chief of the Fire Prevention Division, so as to prevent air contamination, immediately after the burning is completed or the fire is extinguished.
(‘83 Code, § 91.07) (Ord. 71-012, passed 5-17-71; Am. Ord. 23-005, passed 12-18-23) Penalty, see §
10.99