[CC 1985 §75.500; Ord. No. 456-C §1, 5-19-1998; Ord. No. 676-C §1, 9-20-2010]
When used in this Article, the following terms shall have the
following meanings:
Combustion of any matter, except in a closed chamber. For
the purpose of this definition, a chamber shall be regarded as closed
when provided, during the time combustion takes place, with only such
apertures, ducts, stacks, flues or chimneys as are necessary to provide
combustion air and to permit the escape of exhaust gases.
Garbage, rubbish, trade waste, salvageable material, agricultural
waste or other waste.
Any business, trade, industry or other activity conducted
in whole or in part for the purpose of salvaging or reclaiming any
product or material.
The solid, liquid or gaseous material resulting from construction
or the prosecution of any business, trade or industry or any demolition
operation including, but not limited to, the following: plastics,
cardboard cartons, grease, oil, chemicals, cinders, garbage, tires,
any materials containing rubber, waste petroleum products, paints
and paint thinners, coal, plywood, particle board, any materials containing
asphalt or asbestos.
[CC 1985 §75.500; Ord. No. 456-C §2, 5-19-1998]
No person may conduct, cause, permit or allow open burning of refuse within the City of Canton, Missouri, subject to the exceptions set forth in Section 205.050 of this Article.
[CC 1985 §75.510; Ord. No. 456-C §3, 5-19-1998]
A.
Campfires
and other fires used solely for recreational purposes, for ceremonial
occasions, or for outdoor preparation of food.
B.
The open
burning of trade waste may be permitted only when it can be shown
that such open burning is the only possible feasible method of disposal
and that the disposal is in the public interest. Any person intending
to engage in such open burning shall file a request to do so with
the Mayor or City Clerk of the City of Canton, Missouri. The application
shall state the following:
1.
The
name, address and telephone number of the person submitting the application.
2.
The
type of business or activity involved.
3.
A description
of the proposed equipment and operating practices, the type, quantity
and composition of material to be burned, and the expected composition
and amount of air contaminants to be released into the atmosphere,
where known.
4.
The
schedule of burning operations.
5.
The
exact location where the proposed open burning will occur.
6.
Reason
why open burning is the only feasible method of disposal and why disposal
is in the public interest.
7.
Evidence that the proposed open burning has been approved by the Chief of the R-V Fire Protection District. Upon approval of the application by the Chief of the R-V Fire Protection District and by the Mayor or City Clerk of the City of Canton, Missouri, the person may proceed with the operation without being in violation of Section 205.040 of this Article, but such approval shall not exempt the applicant from the provisions of any other law, ordinance or regulation.
8.
Before
a permit can be issued by the Mayor or City Clerk of the City of Canton,
Missouri, permission must also be obtained from and provided to the
Mayor or City Clerk of the City of Canton, Missouri, from the Executive
Secretary of the Missouri Air Conservation Commission, P.O. Box 1062,
Jefferson City, Missouri 65101.
C.
The City
of Canton, Missouri, reserves the right to burn grass, shrubs and
trees on the City of Canton flood protection levee at any times determined
by the City to be necessary for the proper maintenance and upkeep
of the levee.
[CC 1985 §75.520; Ord. No. 456-C §4, 5-19-1998]
Nothing in this Article may be construed to permit open burning
which causes injury to health, damage to property, or interferes with
the enjoyment of life or constitutes a hazard to vehicular or air
traffic, nor which violates any other ordinance of the City of Canton,
law of the State of Missouri, or regulation of any administrative
agency of the State of Missouri properly promulgated.
[Ord. No. 513-C §1, 10-15-2001]
All open burning of any combustible substance whatsoever is
prohibited, subject to the exceptions contained in this Article, in
the following area: Commencing at the East end of Madison Street at
its intersection with the West bank of the Mississippi River; thence
West on the South line of Madison Street to its intersection with
the West line of Fourth Street; thence North on the West line of Fourth
Street to the South line of Washington Street; thence West on the
South line of Washington Street to the West line of Sixth Street;
thence North on the West line of Sixth Street to the North line of
White Street; thence East on the North line of White Street to the
West right-of-way line of Business Route 61; thence in a Northerly
direction, following the West right-of-way line of Business Route
61, to the North City limits line of the City of Canton, Missouri;
thence following the North City limits line East to its point of intersection
with the West bank of the Mississippi River; thence South along the
West bank of the Mississippi River to the point of beginning, excepting
therefrom Mississippi Park located North of the North line of Henderson
Street and East of the East right-of-way line of North Front Street,
(also known as Lock and Dam No. 20 Road), all in the City of Canton,
Missouri.
[Ord. No. 678-C §§1—3, 12-20-2010]
A.
Definition. As used in this Section, the following terms
shall have these prescribed meanings:
1.
"Outdoor furnace" means a fuel-fired boiler or furnace,
fueled by wood, coal, corn or other types of fuel, located outside
the structure it is used to heat with the designated purpose of providing
indoor heat for water and/or air for a residence or other structure.
a.
The
provisions of this Section do not apply to boilers or furnaces fueled
by natural gas, propane or regular fuel oil.
b.
No outdoor furnace may be placed in use after the effective date of this Section in the following area designated as the restricted burning zone in Section 205.070 of the Municipal Code of the City of Canton, Missouri:
Commencing at the East end of Madison Street at its intersection
with the West bank of the Mississippi River; thence West on the South
line of Madison Street to its intersection with the West line of Fourth
Street; thence North on the West line of Fourth Street to the South
line of Washington Street; thence West on the South line of Washington
Street to the West line of Sixth Street; thence North on the West
line of Sixth Street to the North line of White Street; thence East
on the North line of White Street to the West right-of-way line of
Business Route 61; thence in a Northerly direction, following the
West right-of-way line of Business Route 61 to the North City limits
line of the City of Canton, Missouri; thence following the North City
limits line East to its point of intersection with the West bank of
the Mississippi River; thence South along the West bank of the Mississippi
River to the point of beginning, excepting therefrom Mississippi Park
located North of the North line of Henderson Street and East of the
East right-of-way line of North Front Street (also known as Lock and
Dam No. 20 Road), all in the City of Canton, Missouri.
B.
Requirements. All outdoor furnaces shall meet the following
requirements in order to be operated within the restricted burning
zone of the City of Canton, Missouri:
1.
The
outdoor furnace shall comply with the provisions of the Fire Code
and the Municipal Code of the City of Canton, Missouri, dealing with
fire zones.
2.
No outdoor
furnace in existence on the effective date of this Section (December
20, 2010) located within the restricted burning zone described herein
shall be replaced with a new outdoor furnace unit nor shall it be
repaired if such repair involves more than fifty percent (50%) of
the parts being repaired or replaced.
3.
After
the effective date of this Section (December 20, 2010) if there is
a sale or transfer of any real property within the restricted burning
zone where an outdoor furnace is in existence at the time of the sale
or transfer, all future use of the outdoor furnace must cease following
the effective date of the sale or transfer and the outdoor furnace
must be removed or rendered permanently inoperable and the new owner
or transferee shall no longer operate an outdoor furnace on the property
sold or transferred.
4.
All
outdoor furnaces currently located within the restricted burning zone
of the City on the effective date of this Section that would otherwise
be prohibited but may continue to operate until such time as the conditions
set out in subparagraphs (2) and (3) above of this Section shall occur
or until such time as the furnace is determined to be a nuisance.
5.
All
outside furnaces within the restricted burning zone as described herein
shall be subject to periodic inspection by a qualified person designated
by the City and by the Fire Chief or his designee to assure that all
provisions of this Section have been and continue to be satisfied.
C.
Violations.
1.
Any person, firm, association, partnership, corporation or entity that violates any of the provisions of this Section shall be subject to the penalty as set forth in Section 100.220 of the Municipal Code of the City of Canton, Missouri.
2.
Each
day that a violation of this Section continues to exist shall constitute
a separate violation of this Section.
3.
In Addition To The Procedures Set Forth in Subsection (C)(1) and (2), The City Shall Have The Right To Proceed in An Administrative Action For Nuisance Abatement or in Any Court of Competent Jurisdiction For The Purpose of Obtaining An Injunction, Restraining Order or Other Appropriate Remedies To Compel Compliance With This Section.
[Ord. No. 513-C §2, 10-15-2001]
A.
Yard
waste, for the purpose of this exception, shall be defined as leaves,
grass clippings, yard and garden vegetation and Christmas trees. The
term does not include stumps, roots, or shrubs with intact root balls.
B.
Yard
waste may be burned within the restricted burning zone only with a
yard waste burning permit issued by the Fire Marshal of the City of
Canton, Missouri.
C.
Such
permit shall be issued after a written application has been filed
in the Office of City Clerk of the City of Canton, Missouri.
D.
The application
for the burning permit shall be submitted at least twenty-four (24)
hours prior to the time of the proposed burning.
E.
The burning
permit shall be issued for a limited number of hours as stated in
the permit not to exceed twenty-four (24) hours in duration.
[1]
Cross Reference—Applications for burning permit and
building permit are on file in the office of the city clerk.
[Ord. No. 464-C §1, 9-21-1998; Ord. No. 513-C §3, 10-15-2001]
Any person, firm, corporation, partnership or other entity convicted of violating the provisions and terms of this Article shall be guilty of a misdemeanor and shall be subject to the punishment provided for in Section 100.220 of the Canton City Code.
