§ 50.04  OPEN BURNING PROHIBITED.
   (A)   Public places. It shall be unlawful for any person to cause, allow, aid, suffer or maintain any open burning of any kind upon any public place, street or alley within the city at any time.
   (B)   Private premises. It shall be unlawful for any person to cause, allow, suffer or maintain any open burning of any kind or the burning of any trash in any incinerator, barrel, can, pit, outdoor fireplace or similar container or enclosure upon any private premises within the city.
   (C)   Nonapplicability.  The provisions of this section shall not apply to the following:
      (1)   An indoor or outdoor barbecue or similar heating or cooking device while being used for the heating or cooking of food for human consumption, or for recreational purposes, and not being used primarily for the burning of waste materials or trash;
      (2)   Comfort heating by use of a fireplace inside a residence, which fireplace is not being used primarily for the burning of waste materials or trash;
      (3)   An approved type incinerator or furnace used by a hospital or similar establishment for the incineration of body parts, bandages or related refuse;
      (4)   Controlled fires for the purpose of training fire fighters;
      (5)   A fire set or permission given by an official of the fire district personnel for the purpose of prevention of a fire or health hazard or the disposal of waste materials which cannot be abated or disposed of by other reasonable means; or
      (6)   Fires used as safety flares for the combustion of waste gases.
(`67 Code, § 4-3-4)  (Ord. 71-4, passed 6-28-71)