(A) (1) It shall be unlawful to ignite or cause to be ignited any fire within the city limits of the city, except as specifically set forth below:
(a) Fires within any properly constructed fire place or heating stove used for the purpose of providing heat within the confines of any structure;
(b) Any fire built in any outside receptacle, properly contained, for the purpose of outdoor cooking/camping; or
(c) The burning of paper or cardboard waste products within any properly constructed enclosed incinerator operating at any commercial or retail establishment within the city limits.
(2) Burning for the purpose of destroying any grass, stubble, agricultural/garden waste vegetation, tree limbs or clippings that may be on any piece of property; provided that, a permit is first obtained from the Fire Chief.
(3) The permit shall be issued for a specific date and time and shall be issued upon satisfaction by the Fire Chief of the weather conditions and surrounding physical conditions to prevent an undue hazard to surrounding property.
(4) The permit holder will be further responsible for providing adequate fire retardant procedures at the discretion of the Fire Chief to ensure the containment of the fire within the intended area of burn.
(B) If any fire permitted above shall be negligently, carelessly or intentionally permitted to spread beyond the bounds of its intended confinement, the person setting the fire shall be fined in an amount not to exceed the limits established herein.
(C) Permits shall be issued on conditions the Fire Chief may deem appropriate, which shall include, but not be limited to, the following.
(1) Winds must be less than ten mph at the time the permit inspection is approved. If wind speeds increase, the property owner must agree to extinguish the fire immediately.
(2) Permits to burn will only be approved immediately prior to the actual time of burning.
(3) No plastic, tar, rubber, chemical, hazardous material or shingles can be burned. Only biodegradable items such as wood, leaves and the like may be burned. It is the responsibility of the permit holder to identify to the Inspector any and all materials to be burned.
(4) The area for burning must be away from trees, shrubbery, houses, power lines and vehicles as directed by the Fire Inspector. If required by the Inspector, all neighbors shall be notified of the intent to burn.
(5) Permit holder must have a water hose available for use that is long enough to reach the area to be burned, except in circumstances of the burning of more than one acre.
(6) All fires shall be attended at all times and shall be extinguished by sunset.
(7) Where areas to be burned are close to a major road, no burning will be permitted if the wind would carry the smoke onto the roadway and obscure the vision of drivers.
(8) Any other conditions the Fire Chief or his or her designee may deem necessary for the protection of the public and property.
(D) Any person who shall wilfully, negligently or carelessly set or cause to be set on fire, any property in the city, or any person who has made any camp or other fire and leaves same without having fully extinguished the same, or any person who shall fail to obtain a permit to burn as required by this section, or who violates the conditions of an issued permit, shall, upon conviction, be guilty of an offense and shall be fined in an amount not to exceed the limits established in § 10.99 of this code.
(2002 Code, § 134.12) (Ord. 272, passed 10-9-1989; Ord. 462, passed 4-9-2001) Penalty, see § 10.99