A. Community Waste Disposal: No open burning shall be done at sites used for disposal of community trash, garbage or other wastes, except when authorized for specific periods of time by the board of health and the city on the basis of justifiable circumstances reviewed and weighed in terms of pollution effects and other relevant considerations following written application.
B. General Prohibitions: No person shall burn any trash, garbage or other wastes, nor shall they conduct any salvage operations in any open fire except in conformity with the provisions of subsection C of this section.
C. Permissible Burning: When not prohibited by other laws or by other officials having jurisdiction, and provided that a public nuisance is not created, the following types of open burning are permissible without the necessity of securing a permit:
1. In devices for the primary purpose of preparing food, such as outdoor grills and fireplaces. In all cases, manufacturer recommendations must be followed.
2. Campfires and fires used solely for recreational purposes where such fires are under the control of a responsible person. Anyone planning a fire that can be safely confined to a fire ring no larger than five feet (5') in diameter will not be required to obtain a special permit. Flames shall not exceed two feet (2') in height. Bonfires, fires built to burn Christmas trees, rally fires and similar fires are prohibited.
3. Recreational fire must be constantly attended. Extinguishing methods must be in place and available to extinguish such a fire. A "recreational fire" is defined as an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of three feet (3') or less in diameter and two feet (2') or less in height for pleasure, religious, ceremonial cooking, warmth or similar purposes.
4. Indoor fireplaces.
5. Properly operated industrial flares for combustion of flammable gases.
6. All such burning must be located at least fifteen feet (15') from the nearest property line unless contained in a fireplace.
7. In an area which is highly combustible, such as, but not limited to, subject to the following conditions:
a. Open burning of trees and bushes within public road rights of way, provided that dirt is removed from stumps before burning, and that tires, heavy fuel oil or other materials that cause severe air pollution are not used to start the fires or keep fires burning;
b. Open burning of solid or liquid fuels or structures for the removal of hazards or eyesores or for firefighter training purposes, when conducted under the direct control and supervision of organized fire departments;
c. Open burning in remote areas of highly explosive or other dangerous materials for which there is no other known practical method of disposal;
d. Open burning for special purposes, or under unusual circumstances, when approved by the board of health following formal request.
D. Public Safety Officials May Extinguish Fires: Fire and/or police public safety officials may extinguish a fire or require the responsible party to extinguish a fire if, in their judgment, such fire is creating a public nuisance. (Ord. 2013-08, 4-18-2013)
A. Emissions: No person shall cause, allow or permit the emission of fugitive particulate matter from any process, including any material handling or storage activity, that is visible beyond the property line of the emission source.
B. Buildings: No person shall cause, allow or permit a building or its appurtenances or open areas to be used, constructed, repaired, altered or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Dust and other types of particulates shall be kept to a minimum by such measures as wetting down, covering, landscaping, paving, treating, or by other reasonable means.
C. Roadway Construction: No person shall cause, allow or permit the repair, construction or reconstruction of a roadway or an alley without taking reasonable precautions to prevent particulate matter from becoming airborne. Dust and other particulates shall be kept to a minimum by employing temporary paving, dust palliatives, wetting down, detouring, or by other reasonable means. Earth or other material that has been transported onto paved streets by trucking or earthmoving equipment, erosion by water, or by other means, shall be promptly removed.
D. Commercial Establishments: The owner or operator of a commercial establishment or industrial plant shall maintain control of the establishment premises or plant premises, and establishment or plant owned, leased or controlled access roads, by paving, oil treatment, or other suitable measures.
E. Crushing And Similar Operations: No person shall cause, allow or permit crushing, screening, drying, handling, conveying of materials, stockpiling or other operations likely to give rise to airborne dust without taking reasonable precautions to prevent particulate matter from becoming airborne. Dust and other types of particulates shall be kept to a minimum by such means as spray barriers, or other suitable means.
F. Sandblasting And Similar Operations: No person shall cause, allow or permit sandblasting or related abrasion operations unless sufficient containment measures are taken to prevent the sand and/or abrasive materials from traveling beyond the property line where the operation is being conducted.
G. Topsoil: No owner, operator or lessee of any real property located or situated within the city shall, after the topsoil has been disturbed or the natural cover removed, allow the same to remain unoccupied, unused, vacant or undeveloped, without taking all reasonable precautions to prevent fugitive dust from becoming airborne. Dust and other particulates shall be controlled by compacting, chemical sealers, resin sealers, asphalt sealers, planting or vegetation, or other reasonable means. (1999 Code)