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   No person shall allow, cause or permit open burning of combustible materials where the products of combustion arc emitted into the open air without passing through a chimney or stack unless conducting such burning in accordance with the International Fire Code and the following:
   1.   Definitions. For use in this section the following terms are defined:
      A.   “Backyard burning” means the burning of leaves, twigs, and landscape waste originating on the premises by individuals domiciled on the premises.
      B.   “Chimney or stack” means any flue, conduit, or duct permitting the discharge or passage of air contaminants into the open air, or constructed or arranged for such purpose.
      C.   “Garbage” means all solid and semi-solid animal and vegetable wastes resulting from the handling, preparing, cooking, storing, and serving of food or of material intended for use as food, but excluding recognized industrial byproducts.
      D.   “Open burning” means any burning of combustible materials wherein the products of combustion are emitted into the open air without passing through a chimney or stack.
      E.   “Refuse” means garbage, rubbish, and all other wastes, except sewage and water-carried trade wastes.
      F.   “Rubbish” means all waste materials not subject to becoming readily decayed, decomposed, or rotten.
      G.   “Salvage operation” means any business, industry, or trade engaged wholly or in part in salvaging or reclaiming any project or material, including (but not limited to) chemicals, drums, metals, motor vehicles, or shipping containers.
      H.   “Trade waste” means all solid or liquid material or rubbish resulting from building operations, construction, or the conduct of any business, industry, or trade, including (but not limited to) chemicals, cinders, grease, paint, plastic products and other forms of liquid or solid waste materials.
      I.   “Recreational fire” means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
   2.   Opening Burning. No person shall allow, cause, or permit open burning or refuse, including trade wastes, or conduct a salvage operation by open burning, except where a variance has been granted by the air pollution control authority or the State and except that open burning is permitted in the following circumstances:
      A.   Cooking of Food. Open fires used only for the cooking of food for human consumption, or for recreational purposes except for the premises of permanent commercial establishments.
      B.   Backyard Burning. Backyard burning will be permitted (not including garbage) at dwellings of four family units or less. Backyard burning shall only be done April 1st through the 30th in the spring and October 15th through November 14th in the fall. Dates can be extended by proclamation of the Mayor and shall only be done after sunrise and before sunset. No backyard burning shall be done on any public sidewalk, curb, or street.
(Paragraph B - Ord. 2021-540 - Sep. 21 Supp.)
      C.   Disaster Rubbish. The open burning of rubbish produced during community disasters in cases where an officially declared emergency condition exists.
      D.   Flare Stacks. Flare stacks for the combustion of waste gases.
      E.   Training Fires. Fires set for the purpose of bona fide instruction and training of public or industrial employees in the methods of fighting fires.
      F.   Clearing and Grubbing Rubbish. The open burning of combustible materials produced in clearing, grubbing, and construction operations, provided that such burning shall be limited to areas located at least one-fourth mile from any inhabited building and further provided that a permit for such burning be first issued by the Fire Chief.
   3.   Incinerators. Equipment or facilities for enclosed burning of refuse shall have a stack adequate to maintain a draft sufficient for efficient combustion and the stack shall have a screen sufficiently fine to prevent ejection of particles of burning material. Such equipment and facilities shall not be installed until approved by the Fire Chief and Building Inspector. Such equipment and facilities shall be maintained and operated so that no objectionable smoke or odor shall result in accordance with State law and rules on particulates and smoke density.
   4.   Burning Impregnated Wood. Wood, such as that used for utility poles, railroad ties, and other purposes, without exclusion, which has been coated or impregnated with creosote, pentachlorophenol, or other chemical or paint, which when burned emits volatiles that create vapors which are a nuisance, likely to be unhealthful for humans and animals, or tend to deposit any film on objects such as furnishings, cloth, walls or other exposed surfaces or on plant life, shall not be burned in equipment used for heating or destruction of wastes or be burned in the open.
   5.   Penalty For Violation. Any person violating any provision of this section shall commit a municipal infraction. Each day upon which such violation occurs after notice constitutes a separate offense. Any condition which fails to comply with the health standards or the aforementioned rules may be declared a nuisance and an injunction may be sought as provided by law.