(A) No person shall cause or permit a fire or any combustion by burning waste materials, other than burning of unpainted and untreated wood used for bona fide heating or cooking.
(B) No person shall burn brush, trees, grass, vegetation, or leaves upon any property in the city unless each of the following applies:
(1) The burning is in accordance with a generally accepted agricultural practice approved by the office of the Safety and Service Director; and
(2) The burning is under control and attended by a responsible adult at all times; and is limited to the hour of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 9:00 p.m. Monday through Friday.
(C) (1) Visible smoke or odor of smoke shall be prima facie evidence of burning of materials upon a premises.
(2) PERSON shall include owner of the premises and any tenant in possession regardless of his or her presence at the time of the alleged violation. WASTE shall include any material primarily burned for the purpose of destruction of the material, painted wood, treated wood, paper, metal, household food waste, animal waste or bedding, rubber, petroleum products not specifically designed for fuel and burned in devices specifically designed for such products, plastics, or discarded chemicals.
(D) (1) Whoever violates division (A) of this section is guilty of a first degree misdemeanor.
(2) Whoever violates division (B) of this section is guilty of a minor misdemeanor.
(3) Any burning in violation of this section is hereby declared a public nuisance and an emergency. The Fire Chief or his or her designee in his or her sole discretion may abate the nuisance immediately and inspect the premises for illegal burning upon finding smoke or noxious fumes emanating from said premises, including entering and inspecting any dwelling or other structure. The Fire Chief may call upon any law enforcement officer for assistance in enforcing this section.
(1982 Code, § 92.11) (Ord. 1963-21, passed 11-4-1963; Ord. 1997-17, passed 8-4-1997)
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