A. Definitions: For the purpose of this section, the following words shall have the following meanings:
BARBECUE PITS: Outdoor pits used for cooking. Barbecue pits shall be constructed of concrete or approved noncombustible materials, and shall not be located within ten feet (10') of combustible walls or roofs, or other combustible material.
INCINERATOR: A structure, or portion thereof, container, device or other appliance designed, used or intended to be used for the disposal of combustible rubbish by burning.
OPEN BURNING: The burning of a bonfire, rubbish fire or other fire in an outdoor location where fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit.
RECREATIONAL FIRE: The burning of materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and with 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 or similar purposes.
RUBBISH: Waste material, including, but not limited to, garbage, wastepaper and debris from construction or demolition. (Ord. 14-2011, 7-12-2011)
B. Permit, Approval Required: It shall be unlawful for any person to kindle or maintain or authorize to be kindled or maintained without a permit any open burning of any kind unless conducted and approved in accordance with this section.
C. Permitted Burning: Upon obtaining all necessary permits, the following burnings shall be allowed by this section, except that any allowed open burning shall not include the burning of "rubbish", as defined in subsection A of this section, whether contained in an incinerator or not, and all fires shall be constantly attended until the fire is extinguished:
1. Those burnings held on property zoned as "agriculture", as said term is defined in chapter 5 of the city development code, as amended, and designated as agricultural on the city zoning map, as amended, and has a landmass of one acre or more:
a. Are incidental to horticultural or agricultural operations:
(1) Prunings from trees, bushes and plants; or
(2) Dead or diseased trees, bushes and plants, including stubble;
b. Controlling weed growth along irrigation ditch banks incidental to clearing these ditches for irrigation purposes; or
c. Heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards established by the federal clean air act, as amended, and the state air conservation act, as amended.
2. Recreational fires, as defined in subsection A of this section, with the following restrictions:
a. Recreational fires shall not be conducted within twenty five feet (25') of a structure or other combustible material unless contained in a barbecue pit.
b. Charcoal burners, liquified petroleum gas burners and other open flame cooking devices shall not be operated on combustible balconies or within ten feet (10') of combustible construction.
Exceptions: 1) one- and two-family dwellings; 2) where buildings and decks are protected by an automatic sprinkler system.
c. Buckets, shovels, garden hoses or a fire extinguisher with a minimum 4-A rating shall be readily available for extinguishment.
3. Barbecue pits in outdoor locations. Barbecue pits shall be constructed of concrete or approved noncombustible materials, and shall not be located within ten feet (10') of combustible walls or roofs or other combustible material.
4. Other outdoor cooking facilities meeting the approval of the fire chief.
5. Other open fires, fireworks, torches or open burnings specifically allowed for under another portion of this code after obtaining any necessary permits and/or approval of the fire chief.
6. Controlled burning of not more than two (2) structures per year under the direct control of the fire department for the purpose of training fire service personnel when the United States weather service clearing index is above five hundred (500).
D. Commercial Cooking Operations: Open burning for commercial cooking operations shall be prohibited, except for licensed and approved businesses.
E. Smoke, Emissions: Any open burning that will be offensive or objectionable due to smoke or odor emissions shall be prohibited. (Ord. 08-26-08.36, 8-26-2008)
F. Extinguishment Of Hazardous Situations; Cost Recovery: The fire chief is authorized to order the immediate extinguishment of any fire or burning which creates or adds to a hazardous or objectionable situation, or is otherwise in violation of this section.
1. The chief of the fire department or the chief's designee has the power to call in special equipment and/or services whenever it becomes necessary to do so to extinguish, contain or to clean up after a fire.
2. Whenever special equipment and/or services are used to extinguish, contain or to clean up after a fire, persons who have by their acts or omissions necessitated the expenditure of time, money and resources by the fire department where such equipment and/or services are used shall be liable to the city for the recovery of actual costs of labor, material and equipment.
3. The fire chief is authorized to adopt written rules and regulations that are consistent with the provisions of this section, including those related to the billing and collection of actual costs. (Ord. 14-2011, 7-12-2011)