§ 91.37 BURNING TRASH AND DEBRIS WITHIN CITY LIMITS.
   (A)   Burning prohibited. It is unlawful for any person to burn trash, garbage or debris in any area within the city limits, and such burning shall constitute an offense subject to the penalties provided below.
   (B)   Exception 1; approval of burn permit application.
      (1)   The Fire Chief shall maintain a free burn permit application process in his or her office and establish burn permit guidelines for safe periodic but infrequent burning also permitted by state and/or federal law.
      (2)   The Fire Department Chief may, in his or her discretion, issue a burn permit when his or her established criteria are satisfied. If a permit is denied for any reason, the applicant can appeal to the City Council for review of the decision provided such appeal is filed with the City Clerk within five days of denial and is to be specially set on the next City Council meeting docket as a public administrative review.
   (C)   Exception 2; approval of device.
      (1)   The Fire Chief may, upon written application and after investigation and determination that any device meets the requirements of the city’s then approved codes and state DEQ and/or Department of Health, and that the device operates without objectionable smoke, odor or fly ash, permit the installation and the use of such device if it operates without substantial injury to the citizens of the city. This exception includes an outdoor custom built firepit personally approved by the Fire Chief. No permit shall be required of any Underwriters Laboratory (UL) approved commercial pit item.
      (2)   The permit for a specific installation of a device in a given location shall not constitute a blanket authority to install and operate similar devices at other locations or under other conditions.
(Prior Code, § 4-5-13) (Ord. 836, passed 5-20-2014) Penalty, see § 91.99