A.   Prohibited; Exceptions: Open burning for the purpose of disposal of material is prohibited except as follows:
      1.   Notification Of Fire Department:
         a.   Application; Fees: Application for a variance must be made in writing to the Fire Department. If a variance is granted, a permit fee of ten dollars ($10.00) shall cover the costs of assuring compliance. If an on site visit is required for the process of granting a variance, a fifteen dollar ($15.00) first time fee shall be added to the cost of the permit.
         b.   Lot Size: Unless authorized by the Fire Chief, only single- family lots of twenty four thousand (24,000) square feet in size or larger shall be granted a variance of this section.
         c.   Distance: No variance shall be granted unless the site of burning is two hundred feet (200') or more from any sensitive neighboring structure.
      2.   Material Restrictions: Only leaves, grass clippings, small twigs and branches produced on the site listed on the permit shall be eligible to be burned. Burning of rubbish and paper products shall be prohibited. Rubber tires shall not be used to ignite landscape waste.
      3.   Time And Atmospheric Restrictions:
         a.   The Fire Chief shall establish periods for burning of yard waste for spring and fall. No burning shall be permitted outside of these periods except with authorization by the Fire Chief.
         b.   Unless otherwise authorized by the Fire Chief, open burning shall be only on specific days, between twelve o'clock (12:00) noon to sundown. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.
      4.   Location On Property: Burning shall not take place within fifty feet (50') of a structure; within twenty five feet (25') permissible if the pile size is three feet (3') or less in diameter and two feet (2') or less in height.
      5.   Containers: No burning shall be done in containers. "Burn barrels", incinerators, etc., are prohibited.
      6.   Fire Extinguishing Equipment: A garden hose connected to a water supply, or other approved fire extinguishing equipment must be readily available at the burning site.
      7.   Attendance: All burning material shall be constantly attended by a person who shall take responsibility of the burning.
      8.   Discontinuance Of Burning: The Fire Chief, or a designated representative, shall be authorized to order the burning ceased if smoke emissions are a problem.
   B.   Exemptions: The following shall be permitted unless prohibited:
      1.   Disaster Rubbish: The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.
      2.   Trees And Trimmings:
         a.   The open burning of trees and trimmings not originated on the premises; provided, that the burning site is operated by the City, said burning site being fenced and access controlled, burning is conducted on a regularly scheduled basis and is supervised at all times. Burning is conducted only when weather conditions are favorable with respect to surrounding property, as announced by the Fire Chief and the burning site is limited to areas at least one-fourth (1/4) mile from any inhabited building. However, when the open burning of trees and tree trimmings causes air pollution as defined in Iowa Code section 455B.131(3), the City Fire Department or the Iowa Department of Natural Resources (IDNR) may take appropriate action to secure relocation of the burning operation. Rubber tires shall not be used to ignite trees and tree trimmings.
         b.   This exemption shall not apply within the area classified as the PM 10 (inhalable) Particulate Group II area of the City. This Group II area is described as follows:
The area in Cerro Gordo County, Iowa, in Lincoln Township including Sections 13, 24, and 25; in Lime Creek Township including Sections 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, 33, 34, and 35; in Mason Township the West one-half (W 1/2) of Section 1, Sections 2, 3, 4, 5, 8, 9, the North one-half (N 1/2) of Section 11, the Northwest one-quarter (NW 1/4) of Section 12, the North one-half (N 1/2) of Section 16, the North one- half (N 1/2) of Section 17 and the portions of Sections 10 and 15 north and west of the line from U.S. Highway 122 south on Kentucky Avenue to 9th Street S.E. to the section line between Sections 15 and 16.
      3.   Flare Stacks: The open burning or flaring of waste gases.
      4.   Recreational Fires: Open fires for cooking, heating, camping, and recreation using liquefied petroleum gas, natural gas, charcoal or clean untreated wood in excess of one and five- eighths inches (15/8") minimum dimension (no building materials) as fuel are permitted, provided that they comply with the adopted Fire Code.
No recreational fires other than those for the purpose of cooking shall be permitted after twelve o'clock (12:00) midnight or before twelve o'clock (12:00) noon.
If smoke emissions from a recreational fire cause a problem, the fire shall be extinguished by order of the Fire Chief or his designee.
      5.   Ceremonial Fires: Fires for the purpose of celebration by schools, churches and other organizations may be permitted by the Fire Chief or his designee.
      6.   Training Fires: Fires set for the purpose of bona fide training by Fire Department personnel in firefighting methods, provided that the Executive Director of the IDNR receives notice in writing at least one (1) week before such action commences. All asphalt roofing and asbestos containing materials shall be removed prior to the training fire.
      7.   Agricultural Burns: Prescribed burning of weeds and natural prairie may be permitted by the Fire Chief or his designee.
      8.   Agricultural Land Use: Existing farmsteads that have been annexed into Mason City and are still zoned agricultural shall be exempt from City ordinances on open burning except that if in the event smoke emissions were to cause a problem, the fire shall be extinguished by order of the Fire Chief or his designee.
   C.   Penalties: Penalties for violations of this section shall be as permitted in this Code; repeat violators shall be subject to revocation of their burning permits. (Ord. 17-4, 6-6-2017)