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No person shall allow, cause or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances:
(IAC, 567-23.2[455B] and 567-100.2)
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.
(IAC, 567-23.2[3a])
2. Recreational Fires. Open fires for cooking, heating and recreation (e.g., small campfires). Larger ceremonial fires (e.g., school pep rally bonfires) require a permit with the signature of the Fire Chief. Such fires must not be used for the purpose of refuse or waste disposal. Persons starting such fires must exercise due diligence in attending them. Rubber tires shall not be burned in a recreational fire.
3. Training Fires. Fires set for the purpose of bona fide training of public employees and/or members of the volunteer fire department in fire fighting methods, provided that the Fire Chief has received a written request and has granted permission for such burning.
4. Prairie Burns. Sites that are dominated by native prairie species or have been planted to native prairie species. Weedy sites may be burned in which prairie species have been planted but are not yet dominant. Burning under this subsection may occur no more often than every three years. The Fire Chief and the fire crew shall possess proper experience and training in managing controlled burn ground fires. The Fire Chief or the Fire Chief's designee shall determine sites, dates and times for the burning to occur. In addition, all the following conditions must be met:
A. Full compliance with all state and county laws, regulations and rules;
B. Full compliance with City standards for prairie burns;
C. Issuance of a permit by the Fire Chief or the Fire Chief's designee; and
D. Burns conducted during a three month period between December 1 and March 1 only.
The Fire Chief shall develop City application forms, waiver forms and standards for prairie burns, subject to review and approval by Council. Any burning under this section shall be limited to areas at least one-quarter (1/4) mile from any building inhabited by anyone other than the applicant or any tenants of the applicant's property. This separation requirement may be waived by the owner of any building within one-quarter (1/4) mile of the proposed burn site by signing and submitting a written waiver. If any owner of any building within one-quarter (1/4) mile of the proposed burn site does not provide a written waiver, the application shall be denied. All required written waivers must be submitted with the application and are subject to confirmation by the Fire Chief or the Fire Chief's designee. If all necessary burn permits are approved and received, the applicant must post notice and notify by mail all affected property owners whose properties are within one-quarter (1/4) mile of the proposed burn site and all residents of the same properties a minimum of ten (10) days prior to the proposed burn. Any owner who burns prairie sites as permitted by this section shall be fully responsible for conducting the open burning safely and in accordance with applicable city, county and state standards at all times; shall be liable for any damages to persons or property that arise from the open burning; and shall hold the City harmless for any such damages.
5. Landscape Waste, Trees and Tree Trimmings. The disposal of landscape waste by open burning is generally prohibited because of public health and safety concerns and consequences. However, any property owner may apply for a permit to dispose of trees and tree trimmings originating on the premises by open burning. All the following conditions must be met:
A. Full compliance with all state and county laws, regulations and rules;
B. Full compliance with City standards for tree and tree trimming burns;
C. Issuance of a permit by the Fire Chief or the Fire Chief's designee; and
D. Burns conducted during a three month period between December 1 and March 1 only.
The Fire Chief shall develop City application forms, waiver forms and standards for the open burning of trees and tree trimmings, subject to review and approval by Council. Any burning under this section shall be limited to areas at least one-quarter (1/4) mile from any building inhabited by anyone other than the applicant or any tenants of the applicant's property. This separation requirement may be waived by the owner of any building within one-quarter (1/4) mile of the proposed burn site by signing and submitting a written waiver. If any owner of any building within one-quarter (1/4) mile of the proposed burn site does not provide a written waiver, the application shall be denied. All required written waivers must be submitted with the application and are subject to confirmation by the Fire Chief or the Fire Chief's designee. If all necessary burn permits are approved and received, the applicant must post notice and notify by mail all affected property owners whose properties are within one-quarter (1/4) mile of the proposed burn site and all residents of the same properties a minimum of ten (10) days prior to the proposed burn. Any owner who burns trees and tree trimmings as permitted by this section shall be fully responsible for conducting the open burning safely and in accordance with applicable city, county and state standards at all times; shall be liable for any damages to persons or property that arise from the open burning; and shall hold the City harmless for any such damages.
6. Fees. Permit fees for larger ceremonial burns, prairie burns and tree and tree trimming burns shall be set by resolution of the City Council.
No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter. A violation of this section is an environmental violation and therefore a municipal infraction.
(Code of Iowa, Sec. 455B.363)
No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the Director, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director. However, this section does not prohibit the use of dirt, stone, brick or similar inorganic material for fill, landscaping, excavation, or grading at places other than a sanitary disposal project. A violation of this section is an environmental violation and therefore a municipal infraction.
(Code of Iowa, Sec. 455B.307 and IAC, 567-100.2)
No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director. As used in this section, “toxic and hazardous waste” means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.
(IAC, 567-100.2)
(IAC, 567-102.14[2] and 400-27.14[2])
A public Landscape Waste Disposal site for the exclusive use of residents of the City for the disposal of landscape waste is established and located at 1509 Bryant Road.
1. No person who is not a resident of Mount Vernon shall deposit landscape waste at the City Landscape Waste Disposal Site.
2. No person shall deposit items other than what is defined as "Landscape Waste" in this section at the City Landscape Waste Disposal Site.
3. No person shall use the City Landscape Waste Disposal Site for any purpose other than depositing landscape waste.
4. No person shall destroy, damage, or deface any sign erected or posted by the City on or near the City Landscape Waste Disposal Site to display the rules and regulations regarding dumping of landscape waste.
5. A violation of the section shall constitute a municipal infraction punishable pursuant to Chapter 4 of this Code of Ordinances. In addition to such civil penalty, the City may seek personal judgments against violators for the City's cost to dispose of materials unlawfully discarded the City Landscape Waste Disposal Site and/or injunctive relief in the form of an order prohibiting violators from utilizing the City's Landscape Waste Disposal Site.