(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPEN BURNING. All fires of any kind located within the city and outside of a permanent building structure.
WOOD PRODUCTS. Material consisting of, or wholly derived from, wood or vegetation.
(B) No person, firm or corporation shall openly burn any material within the city except as allowed by this section.
(C) Exemptions to the prohibition on open burning for maintenance purposes are as follows:
(1) A person may open burn vegetation from a farm, an orchard, a nursery, a tree farm or a drainage ditch.
(2) A person may op burn clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights-of-way, but not including railroad ties.
(D) All exemptions that are allowed under division (C) above must comply with the following conditions:
(1) A person who open burns shall extinguish the fire if the fire creates a nuisance or fire hazard.
(2) Burning may not be conducted during unfavorable meteorological conditions such as high winds, temperature inversions or air stagnation.
(3) All fires must be attended at all times during burning until completely extinguished.
(E) The types of fires described below in this division are allowed under this section.
(1) The following types of fires are allowed: recreational or ceremonial fires, such as fires for school pep rallies, scouting activities and fires used for cooking purposes, such as camp fires. The fires shall be subject to the conditions stated below in this division, and only clean wood products, paper, charcoal or clean petroleum products may be burned, the local Fire Department and Health Department must be notified at least 24 hours prior to any burning where the size of the pile being burned is more than 125 cubic feet, fires shall not be ignited prior to two hours before the recreational activity is to take place and shall be extinguished upon the conclusion of the activity, the pile to be burned shall be less than or equal to 1,000 cubic feet and only one pile can be burned at a time, the fire shall not be for disposal purposes, and fires shall not take place within 500 feet of any fuel storage area or pipeline.
(2) Burning for the purpose of heating shall be done using clean wood products or paper in a noncombustible container that is sufficiently vented to induce adequate primary combustion and has enclosed sides and a bottom. Burning shall be subject to the conditions set out below in this section, and shall occur only between October 1 and May 15, and shall not be conducted for the purpose of disposal.
(3) Unless specified otherwise, the following conditions apply to any fire allowed by this section:
(a) Fires must be attended at all times and until completely extinguished.
(b) At any time a fire creates a pollution problem, threat to public health, nuisance or a fire hazard, it shall be extinguished.
(c) No burning shall be conducted during unfavorable meteorological conditions such as high winds, temperature inversions or air stagnation, or when a pollution or ozone action day has been declared.
(d) All burning shall comply with other federal, state and local laws, rules and ordinances.
(e) Adequate fire fighting equipment shall be on site for extinguishing purposes during burning times.
(F) Any violation of this section shall be punishable by a civil fine not to exceed $150. Each event of noncompliance shall constitute a separate violation.
(Ord. 859, passed 4-1-2001) Penalty, see § 10.99
Cross-reference:
Fire Department, see Chapter 33