§ 94.152  EXEMPTIONS.
   The nature and quantity of smoke generated by burning will vary with the material burned and the conditions under which it is burned. However, any smoke will contain pollutants, some of which are toxic and harmful to health. Thus it is the position of the Office of Air Management that any burning that does not serve a useful function, or for which alternatives are available, should be discouraged. It is recognized that burning has traditionally been a quick and cheap means of disposal of unwanted materials. In most instances, given the environmental and health impacts, burning can no longer be justified.
   (A)   The following types of fires are permitted within the city limits:
      (1)   Fires used for recreational and cooking purposes, i.e., camp fires; (must notify the Fire Department 24 hours before setting these fires) (cooking grills and backyard fireplaces are exempt from notification); and
      (2)   Residential and commercial burning: burning is absolutely prohibited in apartment complexes, at commercial properties, in downtown areas and at mobile home parks. Burning is allowed where the residence contains three or fewer units:
         (a)   Burning shall be in a noncombustible container sufficiently vented to induce adequate primary combustion air with enclosed sides, a bottom, and a mesh covering with openings no larger than one and one-fourth inch square;
         (b)   Burning shall be constantly attended by at least one adult having an attached working water hose (garden type) or a 10# ABC fire extinguisher present;
         (c)   Burning shall be conducted starting one-half hour after sunrise and completely extinguished one-half hour before sunset; and
         (d)   Burning prohibited in areas that are within 25 feet of any structure or public right-of- way.
   (B)   All exemptions shall be subject to the following.
      (1)   Only wood products shall be burned unless otherwise stated above; i.e., limbs, paper and untreated and uncoated lumber. The burning of leaves is prohibited in the city; they are to be raked to the edge of the road for city pickup. No garbage or tires are to be burned.
      (2)   Fires shall be attended at all times until completely extinguished.
      (3)   If fires are determined by members of the City Fire Department to create an air pollution problem, a nuisance or a fire hazard, they shall be extinguished. The City Fire Department shall have the authority to enter on to any property for purposes of extinguishing any fire which creates an air pollution problem, a nuisance or a fire hazard.
      (4)   No burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, air stagnation, statewide, countywide or citywide fire watch/restrictions and the like.
(Ord. 2009-10, passed 11-30-2009)