1. Open Burning of Solid Waste Restricted. No person shall allow, cause or permit open burning of combustible solid waste 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:
A. 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, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145.
B. 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.
C. Pesticide Containers and Seed Corn Bags. The disposal by open burning of paper or plastic pesticide containers (except those formerly containing organic forms of beryllium, selenium, mercury, lead, cadmium or arsenic) 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.
D. Agricultural Structures. The open burning of agricultural structures if in accordance with rules and limitations established by the State Department of Natural Resources.
E. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources.
F. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources and the Fire Chief.
2. General Conditions for Open Burning of Solid Waste.
A. Fire Chief's Authority. The Fire Chief may prohibit any or all open burning for solid waste disposal when atmospheric conditions or local circumstances make such fires hazardous or a nuisance.
B. Attendance of Open Fires. Open fires for solid waste disposal shall be constantly attended by an adult person until such fire is extinguished. The person attending to the fire shall have a charged hose connected to an available water supply or other fire-extinguishing equipment readily available for use.
C. Offensive Smoke and Odors. Upon receipt of a complaint regarding the smoke or odors from open fires for solid waste disposal, the Fire Chief shall determine if the fire needs to be extinguished.
D. Hours. Open burning for solid waste disposal may only be performed between the hours set by permit or declaration. All fires must be completely extinguished by the time specified, so that no burning embers remain or smoke or gas emit therefrom.
E. Distance Restrictions. Open burning for solid waste disposal shall be at least 20 feet from any structure.
3. Limitations on Open Burning for Solid Waste Disposal.
A. Open burning of combustible solid waste materials shall not cause a nuisance as defined in Chapter 50 of this Code of Ordinances.
B. Open burning of combustible solid waste materials shall not be conducted on City streets, curbs, gutters or alleys.
C. Open burning of combustible solid waste materials shall not take place so close to buildings or structures so as to constitute a danger to any such building or structures.
D. Open burning of combustible solid waste materials shall not be conducted when weather conditions, including wind or drought, constitute a risk that fire may spread out of control.
4. Authority to Extinguish. The City through its Code Enforcement Official, Public Works Department, Fire Department, or Police Department is authorized to prohibit or immediately extinguish any open burning for solid waste disposal occurring within the City that is deemed by City Officials to violate the prohibitions of this section or to constitute an emergency or a danger to the safety of persons or property within the City.
(Ord. 613 - Sep. 15 Supp.)