(A) It shall be unlawful to conduct outdoor burning unless all of the following guidelines are met.
(1) All burning must take place in an approved incinerator. The only incinerator approved is a 55-gallon steel drum with a wire mesh cover over the top. The size of the wire mesh should not exceed one-half inch.
(2) The material burned must be brush, tree limbs, grass, leaves, lumber, and the like. No burning of garbage, any petroleum product, rubber, cardboard, or plastic is allowed.
(3) The incinerator must be located in such manner that the smoke will not become a nuisance to surrounding buildings or occupants.
(4) All burning must be continuously attended and provisions must be made at all times to extinguish the fire if necessary (garden hose and the like).
(5) Burning is permitted during daylight hours only.
(6) No burning is permitted in a street, alley, or on public property.
(7) Contractors/builders may burn trees and related brush from land clearing by meeting the following requirements. Prior to controlled burning the city must be notified. An address and phone number must be supplied for the person responsible for the burning. The Fire Department will inspect the area and approve or disapprove the burning based on the following:
(a) The area must be cleared in a radius of acceptable size based on the size of the pile or piles to be burned;
(b) All burning will occur during daylight hours;
(c) Fires will be extinguished each day before dark;
(d) Burning shall not occur when wind speed is predicted to be less than six MPH or greater than 23 MPH during the burn period; and
(e) Burning shall occur only when it will not pose a nuisance as defined in § 92.02.
(B) The authority to conduct outdoor burning under these guidelines does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning and does not exempt or excuse anyone from complying with all other applicable laws or ordinances and regulations, even though the burning is otherwise conducted in compliance with these guidelines. If these requirements are all met, burning is allowed. However, residents should be aware that they are responsible for any damage caused by their fire if it gets out of control.
(Ord. 8-96, passed 6-10-1996) Penalty, see § 91.99