[Ord. No. 288, 7-3-1995]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory. Whenever the following words or terms are used herein, they shall have the meanings ascribed to them in this Section:
GARBAGE
Refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products.
LANDSCAPE WASTE
Any accumulation of grass, shrubbery, vines, and trees and other materials accumulated as the result of the care of lawns, but not including leaves, shrubbery cuttings and small tree limbs.
OPEN BURNING
The combustion of any matter in the open.
PERSON
Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent or assigns.
REFUSE
Any discarded matter, including garbage, or any matter which is to be reduced in volume or otherwise changed in chemical or physical properties in order to facilitate its discard, removal or disposal.
[Ord. No. 288, 7-3-1995]
A. 
No person shall cause or allow the open burning of leaves, shrubbery cuttings and small tree limbs, except as provided in Section 240.030 of this Chapter.
B. 
No person shall cause or allow the burning of refuse.
C. 
No person shall cause, build, or light any fire so close to any building or structure as to endanger any building or structure, or on any public street, alley, right-of-way, sidewalk or pavement.
[Ord. No. 288, 7-3-1995; Ord. No. 361 §I, 8-11-2008; Ord. No. 375, 6-13-2011]
A. 
The following activities are not in violation of this Chapter:
1. 
The burning of leaves, shrubbery cuttings and small tree limbs, year-round, between the hours of 6:00 A.M. and 6:00 P.M.; provided such burning is attended at all times by a competent person of a least sixteen (16) years of age.
2. 
The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official.
3. 
The burning for legitimate campfire, recreational and cooking purposes or in domestic fireplaces in areas where such burning is consistent with other laws, but in no event shall such fires be allowed between the hours of 10:00 P.M. and 8:00 A.M. No garbage shall be burned in such cases.
4. 
Small open flames for heating tar, for welding, acetylene torches, highway safety flares and the like.
5. 
Open burning conducted in accordance with a permit granted by the Missouri Department of Natural Resources.
6. 
In emergency situations, as deemed necessary at the sole discretion of the Board of Aldermen and Mayor, the Board of Aldermen, by motion, may further restrict burning as set forth in the above exemptions.
[Ord. No. 288, 7-3-1995]
It shall be unlawful to cause or allow the open burning of landscape waste, without having an open burning permit or in violation of such permit.
[Ord. No. 288, 7-3-1995]
A. 
Applications for open burning permits shall contain the following information:
1. 
The name, age, address and telephone number of the applicant.
2. 
The address of the burning site.
3. 
The quantities and types of items to be burned.
4. 
The methods or actions to be taken to control or extinguish the fire.
5. 
Proposed date for the open burning.
[Ord. No. 288, 7-3-1995]
A. 
Open burning of landscape waste shall be subject to the following restrictions:
1. 
Such open burning shall be allowed only on the land from which such landscape waste is generated.
2. 
The location of the open burning site shall be at least fifteen (15) feet from any building or any other structure, including fences, etc.
3. 
The burning shall be from September first (1st) through May thirty-first (31st) between the hours of 6:00 A.M. and 6:00 P.M. and the fire shall be completely extinguished by 6:00 P.M.
4. 
The fire shall be attended at all times by a competent person of at least sixteen (16) years of age.
5. 
There shall be fire extinguishing equipment or water supply at the burning site sufficient to completely extinguish the fire in a reasonable period of time. The extinguishing agent must be capable of causing the fire to immediately start to go out upon application of such agent.
6. 
Water hoses shall be equipped with nozzles, and the hose shall be maintained charged during the period of such burning.
7. 
Such fire shall be limited in size to an area of no more than twenty-four (24) feet in diameter and shall not exceed six (6) feet in height.
8. 
The individual appointed by the Board of Aldermen may refuse to issue such permits or revoke such existing permits, if the appointed individual or his/her designate determines that weather conditions make such open burning dangerous to life or property.
[Ord. No. 288, 7-3-1995]
A. 
The Fire Prevention Code adopted by this Chapter shall be enforced by the Law Enforcement of the City.
B. 
The Law Enforcement of the City may detail such members of the Fire Department as inspectors as shall from time to time be necessary.
[Ord. No. 288, 7-3-1995]
A. 
Any person who shall violate any of the provisions of the Fire Prevention Code adopted by this Chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Adjustments or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance, respectably, be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or by imprisonment for not less than one (1) day nor more than six (6) months of community service or by all such fine, imprisonment and community service. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; all such persons shall be required to correct or remedy such violations or defects within a reasonable time; when not otherwise specified each day that prohibited conditions are maintained shall constitute a separate offense.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.