Open burning under subsection 4-2-2A6 of this chapter may be conducted with the following provisions:
A. No public nuisance is or will be created.
B. The burning is conducted so that ambient air quality of the general area, as well as the surrounding city, is not adversely affected.
C. The burning is controlled so that a traffic hazard is not created as a result of the air contaminants being emitted. The minimum distance for open burning from any public roadway must be at least fifty feet (50').
D. All burning will be conducted not less than one hundred feet (100') upwind of any occupied structures. If open burning is proposed less than one hundred feet (100') of any occupied structure, all adjoining occupied property owners must consent in writing and submit such written consent to city hall.
E. The minimum distance for open burning from oil and gas wells will be five hundred feet (500'), unless otherwise approved by the city commission.
F. The minimum distance for open burning from any electric and overhead utilities shall be a minimum of fifty feet (50').
G. All burning shall occur only between three (3) hours after sunrise and three (3) hours before sunset, and additional fuel shall not be intentionally added to the fire at times outside these limits. At sunset, the fires must be extinguished or covered to eliminate any residual smoke.
H. Wind speed must be less than ten (10) miles per hour.
I. A burn permit must be obtained as set forth in section 4-2-4 of this chapter. Any open burning shall be constantly attended by at least one adult until the fire is extinguished. Such adult must be named on the applicable burn permit for that open burn and must be capable of producing such permit upon demand. At least one working garden hose or equivalent source of water shall be available for immediate utilization at all times.
J. The fire department shall order the extinguishment of any open burning that creates or adds to a hazardous or objectionable situation. Owners or their agents are required to extinguish the fire upon the order of the fire department. Failure of such person to extinguish a fire will result in the fire department extinguishing the fire.
K. The burn site and the materials to be burned are subject to inspection at any time during the burn period by the fire department, and the fire department shall retain the authority to prohibit any burn at any time due to weather conditions, excessive and justifiable complaints, noncompliance with this chapter, and any time it is deemed in the best interest of the city. (2010 Code § 1-50.3)