(1) Permits required. No person shall start or allow any open burning anywhere within the city without first having obtained a permit, except that a permit is not required for any fire which is a recreational fire, as defined in § 505.02.
(2) Purposes allowed for open burning. Open burn permits may be issued only for the following purposes:
(a) Elimination of fire or health hazard that cannot be abated by other practical means;
(b) Ground thawing for utility repair and construction;
(c) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights-of-way where chipping, composting, landspreading or other alternative methods are not practical; or
(d) Disposal of diseased trees generated on site, diseased or infected nursery stock or diseased bee hives.
(3) Permit application for open burning and permit fees.
(a) Open burning permits shall be obtained by making application on a form adopted by the Public Safety Department. The permit application shall be presented to the Fire Chief, Fire Marshal or an Assistant Fire Marshal. Each application shall be accompanied by a fee, as set annually by City Council ordinance.
(b) Upon receipt of the completed open burning permit application and permit fee, the Fire Chief, Fire Marshal or Assistant Fire Marshal will schedule a preliminary site inspection to locate the proposed burn site, note special conditions, set dates and times of permitted burn and review fire safety considerations.
(c) If established criteria for the issuance of an open burning permit are not met, or, during review of the application, it is determined that a practical alternative method for disposal of the material exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of the official reviewing the application, the official may deny the application for the open burn permit.
(4) Permit holder responsibility.
(a) Prior to starting an open burn, the permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect. Every open burn event shall be constantly attended by the permit holder. The attendant shall have available appropriate communication and fire suppression equipment as on site at all times.
(b) The open burn shall be completely extinguished before the permit holder leaves the site. No fire may be allowed to smolder with no flame present. It is the responsibility of the permit holder to have a valid permit, as required by this section, available for inspection on the site at all times.
(c) The permit holder is responsible for the compliance and implementation of all general conditions, special conditions and the burn event safety plan as established in the permit issued. The permit holder shall be responsible for all costs incurred as a result of the burn, including, but not limited to, fire suppression and administrative fees.
(5) Revocation of open burning permit. The open burning permit is subject to revocation at the discretion of the Fire Chief, Fire Marshal or Assistant Fire Marshal. Reasons for revocation include, but are not limited to, a fire hazard existing or developing during the course of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present.
(Prior Code, § 505.05) (Ord. 11-00, passed 8-14-2000; Am. Ord. 01-16, passed 6-13-2016)
Cross-reference:
City fee schedule, see § 218.01