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The burning of garbage, rubbish, trash, grass clippings, tree prunings, waste trade materials, junk auto bodies or parts thereof, or tires, and any other articles in open fires, bonfires, incinerator or burning devices, or in other manner, outside of a regular building and within the city is hereby prohibited except as specifically permitted. Except as specifically provided, any such fire or burning is hereby declared to be a public nuisance and unlawful.
(1953 Code, ch. 18, § 37a)
Cross References: Fire protection and prevention generally, ch. 13.
No person shall kindle, suffer, maintain, authorize, or permit any open fire or bonfire, or use or operate with fire any incinerator or other burning device outside of a regular building within the city without the permit specified in section 11-7.
(1953 Code, ch. 18, § 37a)
Upon application in writing therefor, the chief of the fire department, shall issue a permit for any of the fires or acts specified by the provisions of sections 11-5 and 11-6 when he has determined by examination and investigation of the premises and burning devices, if any, proposed to be used under such permit, that such fire or burning will not cause dense smoke, acrid or offensive odors or vapors, sparks, fly ash, or other harmful elements to travel more than one hundred (100) feet from the point of origin, or emanation thereof, in any area or neighborhood where buildings are closer together than one hundred (100) feet. In all other areas such permit may be granted when surrounding conditions, character and location of buildings, method of proposed burning, the devices used, or any other similar factors assure that such dense smoke, acrid or offensive odors or vapors, or other harmful elements resulting therefrom will not travel through or onto surrounding homes or buildings or will not injuriously or adversely affect neighboring areas. Whenever the fire chief shall determine and find that the granting of such permit will create a fire hazard because of the close proximity of buildings or other physical conditions present, no permit shall be issued or granted. No charge shall be made for such permit.
(1953 Code, ch. 18, § 37a)
Each such permit issued shall specify the address and precise location, size, type, or kind of fire or burning operation covered thereby, the time or times permitted, the duration and limitation of hours thereof, if any, the expiration date of the permit, the kind, type or specifications of the burning device or devices, if any, to be used, and any other similar restrictions, specifications or limitations which shall be reasonably necessary to effectuate compliance with provisions of this section. Failure to observe and comply with the terms, conditions and limitations specified in any such permit shall constitute a violation of this section.
No such permit shall be valid for a period of longer than six (6) months.
(1953 Code, ch. 18, § 37a)
Dense smoke shall mean any smoke so heavy and thick that it substantially obscures any object from plain visibility, or any smoke through which an object can only be seen dimly, or any smoke which is heavy enough to substantially cloud and blanket the surrounding neighborhood atmosphere, or that smoke which has a density of number 2 or greater as established by the Ringelmann's Chart hereinafter referred to and adopted. The Ringelmann's Chart, as used in this section, shall be that standard published by the United States Bureau of Mines to determine the density of smoke as follows:
"The Ringelmann Chart. The standard by which the density of smoke is to be measured will be the Ringelmann Chart, officially published by the United States Bureau of Mines.
"Use of the chart will be made by placing it at such distance from the observer so that the squares appear as even shades of coloring, or when no white spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than one hundred (100) feet nor more than one-quarter mile from the smoke observed."
(1953 Code, ch. 18, § 37a)
In addition to the penalty provided by section 1-8, any such public nuisance may be abated and enjoined by the Superior Court, Pima County, Arizona, in a civil action therefor.
(1953 Code, ch. 18, § 37a)
All persons entering upon, or assisting to enter upon; enclosing, or assisting to enclose; locating, or assisting to locate upon, or in any manner connected with the taking up, occupying, enclosing or assisting to enclose, or obstructing any authority of the city, for the purpose of taking possession, directly or indirectly, of any of the vacant or unoccupied lands, owned, claimed or held in trust by the city, in conflict with the ordinances providing for and regulating the sale of public lands, owned, claimed or held in trust by the city, shall be guilty of a misdemeanor.
(1953 Code, ch. 18, § 5)
The term "criminal syndicalism," as used in this section, is hereby defined as any doctrine or precept advocating, teaching or aiding and abetting the commission of crime, sabotage or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a change in industrial ownership or control or affecting any political change. The term "sabotage" is hereby defined as meaning willful and malicious physical damage or injury to physical property.
(1953 Code, ch. 18, § 6)
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