City of Park Hills, MO Miscellaneous Offenses

[R.O. 2016 § 210.580; CC 1994 § 37.165; Ord. No. 304-99 § 1, 11-9-1999; Ord. No. 354-01 § 1, 2-13-2001; Ord. No. 950-11 § 1, 3-8-2011; Ord. No. 951-11 § 1, 3-22-2011]

Definitions. The following definitions shall apply in the interpretation and enforcement of this Section:

CAMPFIRE

A small outdoor fire which is nine (9) square feet or less in area and two (2) feet or less in height, intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.

FIRE CHIEF

The Chief of the City of Park Hills Fire Department or other person authorized by the Fire Chief.

OPEN BURNING

Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney from an enclosed chimney. Fires for cooking purposes contained within barbecue, gas and charcoal grills shall not be considered "open burning."

REFUSE

Any waste material.

Open burning, including refuse, is prohibited within the City of Park Hills corporate limits, with the following exception:

Open burning of leaves, weeds, brush, stumps, or other vegetative debris is allowed only in accordance with the following provisions:

All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions are not present to create an unreasonable likelihood of causing adverse effects and not create a safety hazard or a visibility hazard on roadways, railroads or adjacent properties. Open burning shall be conducted in conformance with all local and State fire protection regulations.

No open burning shall be undertaken during periods when either the Fire Chief or the Missouri Department of Natural Resources has issued a burning ban applicable to the area. Operation of barbecue, gas and charcoal grills does not require a permit provided that the fire complies with all other applicable provisions of this Section.

Open burning of leaves, weeds, brush, stumps, or other vegetative debris shall be conducted only on the property on which the materials were generated.

Campfires for cooking, ceremonies or recreation are allowed provided that the fire is confined by a control device or structure such as rocks, fire ring, or fire pit. A campfire does not require a permit provided that the fire complies with all other applicable provisions of this Section.

Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-way is allowed if approved by the City Administrator or his/her designee and if in accordance with other provisions of this Section.

Burning in emergency situations such as natural disasters is allowed if approved by the Department of Natural Resources.

The location for open burning shall not be less than fifty (50) feet from any structure and provisions shall be made to prevent the fire from spreading to within fifty (50) feet of any structure. Exceptions:

Fires in approved containers that are not less than fifteen (15) feet from a structure.

The minimum required distance from a structure shall be twenty-five (25) feet where the pile size is nine (9) square feet or less in area and two (2) feet or less in height.

Pile size shall not be larger than sixteen (16) square feet in area and/or higher than four (4) feet in height. Exceptions:

A permit for a special event fire is necessary for fires larger than sixteen (16) square feet in area and/or higher than four (4) feet in height. Special event fires are those which are normally incident to commemorative or celebration events that are sponsored by schools, municipalities and other charitable type organizations. Any person, partnership, firm, association, corporation, or other entity seeking to maintain a special event fire must make application to and obtain from the City Administrator or his/her designee a permit for such fire. A formal written request must be made to the City of Park Hills at least thirty (30) days in advance of any such special event fire. The request shall include description of the event, size of fire pile requested, number of competent attendants eighteen (18) years of age or older, number and type of means of extinguishment and a site plan indicating the distance from structures and spectator areas on the property and adjacent properties. Permitting of special event fires shall take into consideration availability of members of the City of Park Hills Fire Department and size of the event and shall be in accordance with other provisions of this Section.

Open burning of fires larger than sixteen (16) square feet in area and/or higher than four (4) feet in height consisting of tree trunks, tree limbs and vegetation from land clearing operations is allowed with permit, if the burning takes place at least two hundred (200) yards from the nearest structure. Any person, partnership, firm, association, corporation, or other entity seeking to maintain a land clearing operation fire must make application to and obtain from the City Administrator or his/her designee a permit for such fire. Materials such as tires or used oil may not be used to start the fires or be burned in the fires. Permits containing special conditions may be issued for sites unable to comply with the requirements above. A formal written request must be made to the City of Park Hills at least thirty (30) days in advance of any such land clearing operation fire. The request shall include description of land clearing operations, size of fire pile requested, number of competent attendants eighteen (18) years of age or older, number and type of means of extinguishment and a site plan indicating the distance from structures on the property and adjacent properties. Permitting of land clearing operation fires shall take into consideration availability of members of the City of Park Hills Fire Department and size of the parcel being cleared and shall be in accordance with other provisions of this Section.

Except for campfires, and permitted special event fires, open burning shall only be conducted from sunrise to sunset.

10.

Each fire allowed for open burning shall be constantly attended and supervised by competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire such as a minimum of one (1) portable fire extinguisher with a 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, water truck, or garden hose connected to an operable water source.

11.

No materials may be burned upon any street, curb, gutter or sidewalk, or on the ice of a lake, pond, stream or water body, or under power, telephone or TV cable lines.

12.

Open burning of leaves, weeds, brush, stumps, or other vegetative debris will be allowed without a permit in the City limits during from October 15 through April 15 in accordance with provisions of this Section, except in times of drought or other factors which invoke restrictions due to high fire hazard conditions as shall be determined and duly publicized by the Park Hills Fire Chief or the Department of Natural Resources. Special event and land clearing operation fires as well as all other open burning under this Section shall be conducted only following issuance of and in accordance with a permit under this Section.

It shall be the duty of the City Administrator or his/her designee to administer applications and check conditions for open burning permits during the months of the year not designated by the Council for open burning without a permit and to enforce the regulations contained herein. A copy of permits for open burning shall be forwarded to the Police and Fire Departments.

It shall be unlawful to commence or to proceed with open burning during months not designated for open burning of leaves, weeds, brush, stumps, or other vegetative debris without first having applied in writing to the City Administrator or his/her designee for a permit to do so and a burning permit having been granted therefor.

Blank forms shall be provided by the City Administrator or his/her designee for the use of those applying for permits as provided for in this Code. The permit forms provided shall enumerate items considered for issuing a permit.

Every application for a burning permit shall be delivered to the City Administrator or his/her designee in writing.

The faculty of any State-accredited fire training academy is hereby authorized to ignite controlled burning of any combustible materials on the campus of the training faculty without permits whenever planned as course work.

Any person whether acting individually, or as an officer, member, agent, or employee of any corporation, firm, association or copartnership who violates the provisions of this Section shall be deemed guilty of an ordinance violation, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the City Jail not exceeding three (3) months, or by both fine and imprisonment.