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It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 50 or by initiating proper action in district court.
(Code of Iowa, Ch. 657)
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. Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-operated burning site, provided such burning is conducted in compliance with the rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3b])
3. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.
(IAC, 567-23.2[3c])
4. Landscape Waste. The disposal by open burning of landscape waste originating on the premises. However, the burning of landscape waste produced in clearing, grubbing, and construction operations shall be limited to areas located at least one-fourth (¼) mile from any building inhabited by other than the landowner or tenant conducting the open burning. Rubber tires shall not be used to ignite landscape waste.
Periods of open burning of landscape waste are restricted to the periods of April 15 to May 31 and from October 1 to November 30 of each year. Burning shall be done from 10:00 a.m. to 8:00 p.m. Permissible times shall be prescribed for burn offs by the Fire Chief. The time periods provided herein may be changed or extended by resolution of the City Council.
(Ord. 259 - Nov. 20 Supp.)
5. Recreational Fires. Open fires for cooking, heating, recreation and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources.
(IAC, 567-23.2[3e])
6. Back Yard Burning. (Repealed by Ord. 244 – Nov. 17 Supp.)
7. Training Fires. Fires set for the purpose of bona fide training of public or industrial employees in fire fighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3g])
8. Pesticide Containers and Seed Corn Bags. Paper or plastic pesticide containers and seed corn bags resulting from farming activities occurring on the premises if burned in accordance with rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3h])
9. Agricultural Structures. The open burning of agricultural structures if in accordance with rules and limitations established by the State Department of Natural Resources.
(IAC, 567-23.2[3i])
10. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director.
(IAC, 567-23.2[2])
All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted or burned on the premises or placed in acceptable containers and set out for collection. As used in this section, “yard waste” means any debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include tree stumps. All yard waste composted or stored on a premises shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein or upon the premises served to adjacent premises or to adjacent public rights-of-way.
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.
(Code of Iowa, Sec. 455B.363)
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