The following activities are not in violation of this chapter unless they cause "air pollution" as defined in state statutes or regulations of the state environmental protection agency:
A. The open burning of agricultural waste, but only:
1. On the premises on which such waste is generated;
2. In areas other than restricted areas;
3. When atmospheric conditions will readily dissipate contaminants;
4. If such burning does not create a visibility hazard on roadways, railroad tracks or airfields;
5. More than one thousand feet (1,000') from residential or other populated area; and
6. When it can be affirmatively demonstrated that no economically reasonable alternative method of disposal is available.
B. The burning of leaves and other landscape waste, but only:
1. On the premises on which such waste is generated;
2. When atmospheric conditions will readily dissipate contaminates;
3. If such burning does not create a visibility hazard on roadways, railroad tracks or airfields; and
4. During the following time frames:
a. From March 1 and ending April 30 of each year; or
b. From October 1 and ending November 30 of each year.
C. The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official.
D. The burning of fuels for legitimate campfire, firepits, recreational, and cooking purposes, or in domestic fireplaces, in areas where such burning is consistent with other laws; provided, that no garbage shall be burned in such cases.
E. The burning of waste gases; provided, that in the case of refineries, all such flares shall be equipped with smokeless tips or comparable devices to reduce pollution.
F. Small open flames for heating tar, for welding, acetylene torches, highway safety flares, and the like. (Ord. 2012-47, 10-18-2012)