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§ 92.32 FIRE LIMITS MATERIALS.
   Within the aforesaid fire limits, no structure shall be built, altered, moved, or enlarged unless the structure will be enclosed with walls constructed wholly of stone, well-burned brick, terra cotta, concrete, or other noncombustible materials as will satisfy the Fire Chief that the structure will be reasonably fireproof.
(Prior Code, § 92.37) Penalty, see § 10.99
Statutory reference:
   Authority to regulate, see Neb. RS 17-550
§ 92.33 PERMITTED REPAIRS.
   (A)   It shall be unlawful for any person to repair, alter, or add to any building in the fire limits where the repair is less than 50% of the building, unless the person shall first submit an application to the City Clerk to make repairs, alterations, or to add to any building, and shall state on the application that the material used will be non-combustible and approved by the Fire Chief. Repairs in the form of patching and other minor repairs shall not require a permit.
   (B)   In the event that the repairs, alteration, or addition is to involve more than 50% of the building, the owner shall be required to apply for a new building permit, which shall state that the building, when completed, shall be fireproof and made of non-combustible materials.
(Prior Code, § 92.38) Penalty, see § 10.99
§ 92.34 FIRES PROHIBITED.
   It shall be unlawful for any person to set out a fire on the pavement, or near any curb, now built or hereafter to be built, within the municipality.
(Prior Code, § 92.39) Penalty, see § 10.99
Statutory reference:
   Public safety regulations authorized, see Neb. RS 17-556
§ 92.35 REGULATED FIRES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      APPROVED FIREPROOF TRASH BURNER. Any barrel or metal incinerator can with a fireproof metal cover or screen.
      APPROVED INCINERATOR. Any refuse-burning equipment, apparatus, or structure consisting of one or more refractory-lined combustion furnaces employing adequate design parameters for maximum combustion of the material to be burned.
      GARBAGE. All solid and semi-solid, putrescible and non-putrescible animal and vegetable wastes.
      OPEN BURNING. Burning under conditions that the products of combustion are emitted directly into the ambient air and are not conducted thereto through a stack, chimney, duct, or pipe.
   (B)   Open burning prohibited; exceptions.
      (1)   It shall be unlawful to build or set out fires or to open burn within the city limits of the municipality, provided that there shall be limited open burning privileges allowed when the open burning shall take place in an approved fireproof trash burner or approved incinerator, between the hours of 10:00 a.m. and 4:00 p.m. on any Tuesday or Saturday.
      (2)   It shall be unlawful for any person to set fire to, burn, or cause to be burned any garbage, animal matter, vegetable matter, straw, hay, leaves, brush, branches, limbs, trees, petroleum products, or petroleum distillates.
      (3)   It shall be unlawful to burn within ten feet of any building, utility poles, or utility lines.
   (C)   Use of barbecue grills.
      (1)   Division (B) above shall not apply to outdoor fireplaces or barbecue grills used solely for entertainment or the noncommercial preparation of food.
      (2)   The outdoor fireplaces or grills may be used at other than the hours provided in division (B) above but shall not be used for the burning of refuse or other combustible waste.
   (D)   Exceptions by permit. The City Council may permit an exception to divisions (B) and (C) above upon written request to the City Clerk by the party seeking the exception and upon approval of the City Council.
(Prior Code, § 92.40) (Ord. 427, passed 11-15-1977) Penalty, see § 10.99
Statutory reference:
   Authority to regulate, see Neb. RS 17-549
   Public safety regulations authorized, see Neb. RS 17-556
   Statewide ban; exemptions, see Neb. RS 81-520.01
§ 92.36 OPEN BURNING BAN; WAIVER.
   (A)   There shall be an open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
   (B)   (1)   The Fire Chief may waive an open burning ban under division (A) above for an area under the municipal Fire Department’s jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning.
      (2)   The permit issued by the Fire Chief to a person desiring to conduct open burning shall be in writing, signed by the Fire Chief, and on a form provided by the State Fire Marshal.
   (C)   (1)   The Fire Chief may waive the open burning ban in the municipal Fire Department’s jurisdiction when conditions are acceptable to the Chief.
      (2)   Anyone intending to burn in that jurisdiction when the open burning ban has been waived shall notify the Fire Chief of his or her intention to burn prior to starting the burn.
   (D)   The Fire Chief may adopt standards listing the conditions acceptable for issuing a permit to conduct open burning under division (B) above.
   (E)   The Fire Department may charge a fee not to exceed $10 for each such permit issued. This fee shall be remitted to the governing body for inclusion in the General Funds allocated to the Fire Department. These funds shall not reduce the tax requirements for the Fire Department. No such fee shall be collected from any state or political subdivision to which such a permit is issued to conduct open burning under division (B) above in the course of that state’s or political subdivision’s official duties.
(Prior Code, § 92.41) (Ord. 598, passed 7-17-2012) Penalty, see § 10.99
Statutory reference:
   Related provisions, see Neb. RS 81-520.01
POISONOUS AND FLAMMABLE GASES; EXPLOSIVES
§ 92.50 PETROLEUM GAS.
   Any person desiring to store or keep in their possession liquefied petroleum gas shall place the containers outside of buildings on nonflammable docks or platforms, and no container shall, at any time, be stored within a building of any kind.
(Prior Code, § 92.60) Penalty, see § 10.99
Statutory reference:
   Authority to regulate, see Neb. RS 17-549
§ 92.51 POISONOUS AND FLAMMABLE GASES.
   Any person, firm, or corporation desiring to store or keep in the municipality for any period of time any form of poisonous or flammable gas or liquefied petroleum gas or add to, enlarge, or replace any facility used for the storage of gases, must first get permission from the City Council. The City Council shall require the name of the gas, the place of storage, and the amount of gas stored. If permission is granted, the City Council shall prescribe rules, regulations, and precautionary actions as they may deem necessary. Permit requirements for the initial construction or location of storage facilities shall not apply to those facilities in existence on the effective date of the ordinance enacting this section; provided, that any present use that is discontinued for a period of 60 days shall not be revived without a permit. The provisions of this section shall be controlling throughout the municipality and throughout its zoning jurisdiction.
(Prior Code, § 92.61) Penalty, see § 10.99
Statutory reference:
   Authority throughout zoning jurisdiction, see Neb. RS 17-1001
   Authority to regulate, see Neb. RS 17-549
   Authority to regulate nuisances, see Neb. RS 18-1720