(A) It shall be unlawful for any person to kindle or authorize another person to kindle a fire in the open air within the city without making a written application for and obtaining a burning permit from the Fire Chief of the city, as hereinafter provided. This section is not intended to and shall not apply to the kindling of a fire in a covered metal container or incinerator of not more than two-inch mesh; in a Dutch oven, outdoor fireplace or grill with not less than two inch mesh screen or grating on the opening and chimney, the same of a design and construction approved by the Chief of the Fire Department of the city; or in a charcoal grill. Under no circumstances shall any fire be kindled in the outdoors in any street or alley.
(B) No garbage shall be burned or kindled in the open air or in an outdoor container, incinerator, dutch oven, outdoor fireplace or grill or charcoal grill or other container or device. Garbage shall be defined as refuse animal and vegetable matter from a kitchen, the burning or which gives off noxious fumes or odors.
(C) The City Fire Chief be, and he or she is hereby authorized, empowered and directed to accept applications for, and issue burning permits herein provided. Every applicant for a burning permit shall submit to the City Fire Chief a written application stating the reason or purpose of the intended fire, when and where he or she expects to kindle such fire, what implements and other safeguards will be immediately available to control such fire, and such other information as the City Fire Chief may require in order to carry into effect the duties imposed upon him or her by the terms and provision of this chapter.
(D) The City Fire Chief shall issue a burning permit to any applicant when he or she is satisfied that there is good reason for such intended fire; that prevailing weather conditions will not cause such fire to be hazardous; that no injury or damage to life or property is likely to occur by reason of such fire; where and when such fire will be kindled; that such fire will not be nearer than 50 feet to any building or other structure; that applicant will immediately have available implements and other safeguards to control such fire; and that applicant or his or her agents and employees will be present at such fire at all times. In the event of the falsification of any of the information contained in an application for a burning permit, or the violation of any of the terms and provisions of any burning permit issued, the Fire Chief may, without notice, cancel, revoke or render void such burning permit.
(Prior Code, § 9.16.01) Penalty, see § 95.99