The following provisions are applicable to open burning within the city:
(1) 
General prohibition.
Outdoor burning of any kind is hereby prohibited anywhere within the corporate limits of the city, except as may be permitted herein. This prohibition includes burning household trash, furniture, electrical insulation, treated and untreated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphalt materials, chemical wastes, natural and synthetic rubbers, garbage of any form, or municipal solid waste, including grass, leaves, and branch trimmings.
(2) 
Exceptions.
Outdoor fires are allowed for cooking or pleasure, provided such fire is built and maintained in a pit that fully contains the fire, or a fireproof container such as a barbeque pit or chimenea, made of brick, stone, metal, or other fireproof material in such a manner as to prevent said fire from escaping. The fire shall be limited to a maximum of 3 feet in diameter and 2 feet in height and should not be left unattended at any time.
(1987 Code, ch. 5, sec. 4; Ordinance 2013-3-11 adopted 3/11/13)
Cleanup.
The removal of debris from property for the purposes of improving the property’s appearance and its impact on the health and safety of the environment.
Prescribed burn.
The controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and confined to a predetermined area, following appropriate planning and precautionary measures and having the approval of the city fire marshal or designee.
(Ordinance 08-14-06A, sec. 1, adopted 8/14/06)
Prescribed burning shall be allowed only within the city limits. Prescribed burning shall not be allowed within 500 feet of commercial property.
(Ordinance 08-14-06A, sec. 2, adopted 8/14/06)
It is lawful to use prescribed burning as a method of cleanup, provided due precautions have been taken. It is the duty of the fire marshal or his/her designee to ascertain, prior to the beginning of such a burn, that safety may be maintained at all times. Furthermore, if conditions change or the situation deteriorates during the course of the burn, the fire marshal or his/her designee may order the burn to cease.
(Ordinance 08-14-06A, sec. 3, adopted 8/14/06)
Individuals wishing to undertake a prescribed burn for cleanup purposes must notify the city by purchasing a permit from city hall at least five days prior to the day of the burn. Such permit shall be given at a cost in the amount adopted by the city council.
(Ordinance 08-14-06A, sec. 4, adopted 8/14/06; Ordinance adopting 2018 Code)
After procuring a permit, the individual must receive approval from the fire marshal or designee on the day of the burn in order that conditions may be evaluated before burning. For example, the fire marshal may deny a permit holder’s permission to burn if weather conditions are unfavorable, if toxic materials are included in the material to be burned, if the amount of material to be burned exceeds the amount the fire marshal or designee deems safe, or for other reasons of safety. If a person who has obtained a permit is denied approval to burn, the permit shall continue to be valid until conditions are favorable and the fire marshal or designee authorizes the burn. Burning shall not commence within 1 hour after sunup and shall cease at least 1 hour prior to sundown. Burning shall be attended at all times, and a water source shall be available at the site for the duration of the burn.
(Ordinance 08-14-06A, sec. 5, adopted 8/14/06)
Before authorizing a person to proceed with a prescribed burn, the fire marshal or designee must ascertain to the best of his/her ability that safety will not be jeopardized by the procedure. Safety conditions to be considered include but are not limited to the following: distance of material to be burned from other flammable material, proximity to dwellings or other structures, relative dryness or dampness of conditions, presence and strength of wind, presence of a dousing material on-site, size of the material to be burned, composition of the material to be burned, and the ability of the fire department to respond if needed.
(Ordinance 08-14-06A, sec. 6, adopted 8/14/06)
The authorization of a person to proceed with a prescribed burn shall in no way constitute a recommendation to burn. The fire marshal or designee merely establishes that certain minimum conditions are met in order that the procedure may be deemed legal. The person conducting the burn retains full responsibility for any consequences of his/her action.
(Ordinance 08-14-06A, sec. 7, adopted 8/14/06)