This chapter is designed to control the burning of certain combustible and noncombustible material in the open air or in containers, furnaces or similar appurtenances causing the omission of smoke, offensive odors, fumes, gases, soot or other pollutants which interfere with the enjoyment by the people of the city of life and property.
(1985 Code, § 13-1-1-10(b)) (Ord. 26-1969, passed 10-21-1969)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR POLLUTANTS. Any substances such as cinder fly ash, smoke fumes, gas mist and offensive odors.
AIR POLLUTION. The presence in the outdoor atmosphere of substances in quantities having characteristics and being of duration which are with reasonable certainty injurious to human life and property or which unreasonably interfere with the enjoyment of life and property due to the emission of odors, vapors, liquids or gases.
COMBUSTIBLE MATERIALS. Any waste or substance which is easily inflammable such as tree leaves, papers, cartons, paper boxes, dry limbs and dry grass cuttings.
NUISANCE. Environmental conditions, intermittent or continuous, produced or correctable by a person, prejudicial to the reasonable enjoyment of health, comfort or safety of an individual or causing injury or damage to persons and property.
NONCOMBUSTIBLE MATERIALS. Any waste material or substance not easily inflammable, such as clothing, bedding, garbage, fresh grass cuttings, fresh tree leaves, mattresses, tires or other rubber products, automobile hulks, furniture, rugs, rags, cans, waste foodstuff, dead animals, animal excrement, sawdust and any material which is subject to slow combustion usually emitting smoke, offensive odors, fumes, gases or similar pollutants.
OPEN BURNING. Any fire from which the products of combustion are emitted directly into the outdoor atmosphere, the burning on the ground or in metal containers or appurtenances other than accepted devices.
SMOKE. Any small gas borne particles resulting from incomplete combustion and present in sufficient quantity to be visually observable.
SOURCE. Any real or personal property or person contributing to air pollution.
VIOLATOR. A person contributing to air pollution in violation of standards established in this chapter.
(1985 Code, § 13-1-1-10(c)) (Ord. 26-1969, passed 10-21-1969)
No person within the city shall cause, allow or permit air pollution within his or her property, whether that property is owned, rented, leased or under his or her care, except as specified in this chapter.
(A) Combustible materials may be burned in an adequate container or appurtenance if that container or appurtenance shall be permanently located in the rear yard of the property, within a safe and reasonable distance, but no closer than five feet from any building structure or vehicle. Under no circumstances shall any open burning be performed in front of a building on sidewalks and streets.
(B) No person shall engage in or permit the open burning of noncombustible material.
(C) Open burning may be permitted when carrying out training and instruction of firefighters in extinguishing methods and techniques, when cooking food in the open or in the case of campfires and bonfires or similar activities, or in the demolition of condemned buildings, if that open fire is authorized by the Chief of the City Fire Department or his or her qualified representative or when devices are used for heating purposes by construction workers.
(D) No person shall burn combustible materials except between the hours of 6:00 a.m. and 6:00 p.m. No fire shall be permitted to burn, smolder or smoke after 6:00 p.m. and shall be totally extinguished at 7:00 p.m.
(1985 Code, § 13-1-1-10(d)) (Ord. 26-1969, passed 10-21-1969)
When a complaint alleging the existence of a violation of this chapter is received by an enforcement officer, that complaint shall be promptly investigated. The officer shall communicate with the person against whom the complaint is filed and seek voluntary compliance. If voluntary compliance cannot be obtained those officers shall, without delay, notify the violator in writing and should the violation persist, he or she shall sign or cause to be signed the necessary writs. An enforcement officer, finding a violation during the course of inspections, shall proceed in the same manner as if a violation had been reported to him or her by another party or parties.
(1985 Code, § 13-1-1-10(e)) (Ord. 26-1969, passed 10-21-1969)
Any person violating any provision of this chapter shall be guilty of an ordinance violation and, upon conviction, shall be fined as determined by § 10.99. Each day violation continues shall be a separate offense. A violation shall be deemed committed each day during which a person continues or permits any violation to exist after notification by any enforcement officer.
(1985 Code, § 13-1-1-10(g)) (Ord. 26-1969, passed 10-21-1969)