[Adopted 10-8-2013 by Ord. No. 13-055]
This article is enacted to provide and ensure the compliance
of adopted codes and to safeguard the health, public safety, welfare
and the protection of property by regulating and controlling open
leaf burning.
[Amended 5-12-2021 by Ord. No. 21-022]
A permit shall be obtained in advance of the open burning of
leaves. There is no fee for the permit. Permits shall be valid for
a period of 12 months from the time of issuance.
A.
The open
burning of leaves is subject to the following regulations from the
International Fire Code, 2006 Edition.
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307.1 General. A person shall not kindle or maintain
or authorize to be kindled or maintained any open burning unless conducted
and approved in accordance with this section.
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307.1.1 Prohibited open burning. Open burning that
is offensive or objectionable because of smoke or odor emissions or
when atmospheric conditions or local circumstances make such fires
hazardous shall be prohibited.
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307.2 Permit required. A permit shall be obtained
from the fire code official prior to kindling a fire for recognized
silvicultural or range or wildlife management practices, prevention
or control of disease or pests, or a bonfire. Application for such
approval shall only be presented by and permits issued to the owner
of the land upon which the fire is to be kindled.
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307.2.1 Authorization. Where required by state
or local law or regulations, open burning shall only be permitted
with prior approval from the state or local air and water quality
management authority, provided that all conditions specified in the
authorization are followed.
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307.3 Extinguishment authority. The fire code official
is authorized to order the extinguishment by the permit holder, another
person responsible or the fire district of open burning that creates
or adds to a hazardous or objectionable situation.
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307.4 Location. The location for open burning shall
not be less than 50 feet from any structure, and provisions shall
be made to prevent the fire from spreading to within 50 feet of any
structure.
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Exceptions:
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1. Fires in approved containers that are not less than
15 feet from a structure.
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2. The minimum required distance from a structure shall
be 25 feet where the pile size is three feet or less in diameter and
two feet or less in height.
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307.4.1 Bonfires. An outdoor fire utilized for
ceremonial purposes. A bonfire shall not be conducted within 50 feet
of a structure or combustible material unless the fire is contained
in a barbecue pit. Conditions which could cause a fire to spread within
50 feet of a structure shall be eliminated prior to ignition.
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307.4.2 Recreational fires. An outdoor fire burning
materials other than rubbish where the fuel being burned is not contained
in an incinerator, outdoor fireplace, barbeque grill or barbeque pit
and has a total fuel area of three feet or less in diameter and two
feet or less in height for pleasure, religious, ceremonial, cooking,
warmth or similar purposes. Recreational fires shall not be conducted
within 25 feet of a structure or combustible material. Conditions
which could cause a fire to spread within 25 feet of a structure shall
be eliminated prior to ignition.
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307.5 Attendance. Open burning, bonfires or recreational
fires shall be constantly attended until the fire is extinguished,
A minimum of one portable fire extinguisher complying with Section
906 with a minimum 4-A rating or other approved on-site fire-extinguishing
equipment, such as dirt, sand, a water barrel, garden hose or water
truck, shall be available for immediate utilization.
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B.
The open
burning of leaves is subject to the following additional regulations:
(1)
Not less than two hours prior to beginning an open burn, the licensee
shall notify adjacent property owners or occupants.
(2)
The location of open burning shall not be less than 50 feet from
any property line.
(3)
Accelerants shall not be used in aiding the burning of leaves.
(4)
Only landscape material that is completely dry and free from nonorganic
debris may be burned.
(5)
Open burning is only permitted when the wind speed is between 5 miles
per hour and 15 miles per hour.
(6)
Open burning on any federal or state holiday is prohibited.
(7)
The open burning of leaves shall occur between the time of sunrise
and sunset.
[Amended 4-27-2016 by Ord. No. 16-010]
Any persons violating or failing to comply with the provisions
of this article shall, upon finding of such violation, be fined not
less than $100 nor more than $1,000 for each offense.
