A person commits the offense of littering
if he or she places, deposits, or causes to be placed or deposited,
any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage,
trash, refuse, or rubbish of any kind, nature or description on the
right-of-way of any public road or State highway or on or in any of
the waters in this City or on the banks of any stream, or on any land
or water owned, operated or leased by the State, any board, department,
agency or commission thereof or on any land or water owned, operated
or leased by the Federal Government or the City, or on any private
real property owned by another without the owner's consent.
[Ord. No. 1201-18, 4-23-2018]
A. Definitions.
As used in this Section the following terms shall have the meanings
indicated:
OPEN BURNING
The burning of any materials wherein air contaminants resulting
from combustion are emitted directly into the ambient air without
passing through a stack or chimney from an enclosed chamber. For the
purposes of this definition, a chamber shall be regarded as enclosed
when, during the time combustion takes place, only such apertures,
ducts, stacks, flues or chimneys as are necessary to provide combustion
air and to permit the escape of exhaust gases are open.
YARD WASTE
Means trees, tree leaves, pine straw, grass cuttings, brush
or other vegetation that originated on the residential property where
the burning is to occur. Also the property where the burning is to
occur is residentially zoned property.
B. Burning
Restricted. It shall be unlawful for any person to engage in open
burning of any material outside of any business, residence, or other
structure, or in or on any street right-of-way, lot, yard, or other
property within the limits of the City of Gallatin except as herein
provided.
C. Burning
Of Yard Waste. Open burning of yard waste is permitted at the times
allowed by this Section.
D. Places
For Open Burning. Open Burning shall be confined to residential properties,
and absolutely no burning shall be conducted within any street right-of-way
or ditch.
E. Restrictions
On Open Burning.
1. Open burning shall be limited to weekdays and weekends, between the
hours of 8:00 a.m., and 10:00 p.m.; provided. however, that all burning
shall be initiated prior to 8:00 p.m., no additional materials shall
be added to any burning subsequent to 8:00 p.m. on the day of burning,
and all fires shall be fully extinguished with no smoke visible by
no later than 10:00 p.m. on the day of burning. For purposes of this
Section, "weekend" means and refers to a consecutive
Saturday and Sunday.
2. The burning of paper, garbage, household refuse, tires and other
kinds of wastes is prohibited.
3. All fires must be at least twenty (20) feet away from any building,
structure or property line. Fire-fighting material sufficient to contain
any fire under this Section will be at the site of the burning.
4. All fires shall be monitored from a point on the property where the
fire is located by a person capable of containing a fire, should containment
become necessary.
5. Materials such as tires or used oil may not be used to start the
fires or be burned in the fires.
6. Any burning that creates a health hazard, nuisance or produces smoke
that impairs visibility for those operating motor vehicles or airplanes
is prohibited.
F. Burning
Ban. At times the Mayor or Police Chief may ban all open burning within
the City due to dry, windy or other conditions that cause a risk to
public safety.
G. Exceptions.
1. This Section shall not apply to fireplaces located wholly within
a residence, outdoor barbecues for the preparation of food or properly
supervised fires set for recreational purposes.
2. A permit for burning in connection with land clearing may be obtained
from the City Administrator/Police Chief.
3. A permit for burning in connection with agricultural operations within
the City may be obtained from the City Administrator/Police Chief.
H. Penalties. Violation of this Section shall subject the offender to a penalty under Section
100.200 of the City Code.