(A) It shall be unlawful for any person, firm, or corporation to burn any material substance, article, trash, rubbish, or waste on any lot, tract of land, street, or alley, except as otherwise provided in this section.
(B) This section shall not be construed to prohibit:
(1) Burning done in a furnace or fireplace solely for the purpose of heating the building in which the furnace or fireplace is situated, or burning done in a space heater, water heater, or cooking stove, if the furnace, fireplace, space heater, water heater, or cooking stove is so constructed that the smoke and fumes are vented into a masonry or metal flue of a type which complies with all provisions of this code of ordinances.
(2) Burning done in a furnace, stove, or incinerator incidental to a business, commercial, or industrial process, or for the purpose of disposing of business, commercial or industrial waste, if the furnace, stove or incinerator is installed according to the Fire Prevention Code. It shall be the responsibility of the owner of said furnace, stove, or incinerator to comply with all state and federal standards applicable to said furnace, stove, or incinerator;
(3) Burning done by the Volunteer Fire Department in the course of the training of members of such department; or
(4) Burning of weeds, brush, grass, or debris or caused to be done, by the owner or occupant of premises pursuant to a permit issued by the Fire Chief upon a written application of such person, if the Fire Chief shall in writing determine that the applicant has shown that removal of the growth or accumulated debris cannot reasonably be accomplished by other means, that the safety of all persons and property will be assured. No such permit shall be required for burning irrigation and drainage canals or ditches. The preceding sentence shall not be construed to exempt any person or other entity doing such burning from obtaining the necessary permits required by the statutes of the state; provided, furnaces, stoves, or incinerators in which the burning of rubbish or other readily combustible solid waste material is otherwise permissible hereunder shall not be used for such purposes unless such furnace, stove, or incinerator meets the requirement of the Fire Prevention Code. It shall be the responsibility of the owner of said furnace stove or incinerator to make sure that the device meets or exceeds all laws of the state or the United States applicable to such device.
(Prior Code, § 92.34) (Ord. 1826, passed 4-24-2006) Penalty, see § 10.99