No pIt shall be unlawful for any person to open burn or to permit open burning of any refuse, rubbish, garbage, landscape waste or other combustible material within the City of Windsor Heights except as outlined below, and only then in the presence of a competent adult and with a water supply and / or fire extinguisher in close proximity:
1. Charcoal / Gas Cooking Grills. This section shall not apply to the use of commercially manufactured cooking grills which burn commercially sold charcoal, untreated seasoned dry wood, propane, or natural gas. Charcoal burners and other open-flame cooking devices which produce ash or embers shall not be operated on combustible balconies or within 10 feet of multi-story buildings, such as apartment buildings and/or condominiums in accordance with City Code 308.1.4.
2. Outdoor Patio Heaters. This section shall not apply to the use of commercially manufactured outdoor patio heaters which use propane or similar fuels as the fuel source.
3. Commercially Manufactured Outdoor Recreational Fireplaces with A Chimney. This section shall not apply to commercially manufactured outdoor recreational fireplaces which include, as part of the original manufacturer design, a chimney through which all products of combustion must pass before entering the open air. Furthermore, any substance used as fuel in these devices shall be only such substance as is commercially sold for the purpose of combustion within such devices only untreated seasoned dry wood shall be used as fuel in such devices. No commercially manufactured outdoor recreational fireplace shall be utilized within twenty-five (25) feet of any structure, nor within ten (10) feet of any fence made of combustible materials, within the City of Windsor Heights. Any smoke or other products of combustion shall rise above the roofline of residential homes in the area where the device is being used.
4. Permanent Outdoor Fireplaces Designed and Built As Part of A Landscaping Design. This section shall not apply to permanent outdoor fireplaces designed and built as part of a landscape design provided only untreated seasoned dry wood or charcoal is used as fuel, and the individual pieces of wood or charcoal are no larger than 2-inches in diameter. Outdoor fireplaces shall be a minimum of ten (10) feet from any structure, and they must be designed and built with a chimney through which products of combustion shall pass before entering open air space. General landscape waste, refuse, and garbage shall not be burnt in any permanent outdoor fireplace within the City. Any smoke or other products of combustion must rise above the roofline of residential homes in the area where the device is being used.
5. Any open burning which is offensive or objectionable because of smoke or odor emission which does not meet the criteria in this Code related to the smoke and products of combustion rising above the roofline of residential homes in the area, or when atmospheric conditions or local circumstances making fires hazardous shall be prohibited.
6. There shall be no open burning if Polk County is under a burn ban issued by the State Fire Marshal.
(Section 105.05 – Ord. 22-05 – Oct. 22 Supp.)