(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