No person may cause, suffer, allow, or permit any outdoor burning within the corporate limits of the city, except as provided for in this article.
(Ordinance 2005-13, sec. 1, adopted 11/14/05; 2007 Code, sec. 38-31)
Outdoor burning shall be authorized for fires used solely for firefighter training, recreational or ceremonial purposes, in the noncommercial preparation of food, and to dispose of tree branches, brush, nontreated wood, dry leaves and grass when burned in small fires or used exclusively for the purpose of supplying warmth during cold weather. Any such burning, however, shall not involve the burning of electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, items containing natural or synthetic rubber, appliances, or any materials that may cause dense smoke.
(Ordinance 2005-13, sec. 2, adopted 11/14/05; 2007 Code, sec. 38-32)
Outdoor burning shall be authorized for other purposes not enumerated herein only when authorized by written permission from the executive director or his designee of the state commission on environmental quality or under other circumstances specifically authorized by regulations, rules, or orders issued by the state commission on environmental quality.
(Ordinance 2005-13, sec. 3, adopted 11/14/05; 2007 Code, sec. 38-33)
When outdoor burning is authorized herein, the city or any other appropriate law enforcement or public safety authority may inspect the outdoor fire and may prohibit same or order its termination when the fire may, at its discretion, constitute a hazard or public nuisance. It shall be an offense punishable as provided for hereinafter for any person to fail or refuse to comply with a lawful order issued hereunder.
(Ordinance 2005-13, sec. 4, adopted 11/14/05; 2007 Code, sec. 38-34)
(a)
No outdoor burning of tree branches, brush, nontreated wood, dry leaves and grass shall occur between the hours of one hour after sunset and one hour prior to sunrise.
(b)
Any authorized burning of tree branches, brush, nontreated wood, dry leaves and grass is restricted to burning such material generated from the burn site; no importation of any such material from another property is allowed.
(c)
An ample and sufficient supply of water or other substance adequately designed or manufactured for the purpose of fire extinguishment shall be immediately available so as to limit, control and extinguish the fire at all times.
(d)
All outdoor burning shall be done under the constant supervision of a property owner or occupant of the property on which the fire occurs who is then at least 18 years of age.
(e)
No outdoor burning shall occur within three hundred (300) feet from the nearest structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation on any property bordering the burn site.
(f)
No outdoor burning shall occur within fifty (50) feet from any structure.
(g)
No fire shall occur beneath overhanging branches, foliage or structure.
(h)
Prior to the departure of any person supervising the fire, the fire shall be completely extinguished.
(i)
The person responsible for the outdoor burning must notify and obtain approval to burn from the county’s sheriffs’ department immediately prior to the start of burning to ensure weather conditions are conducive to burning.
(Ordinance 2005-13, sec. 5, adopted 11/14/05; 2007 Code, sec. 38-35; Ordinance 2016-03 adopted 3/8/16)
The authority to conduct outdoor burning under these provisions does not exempt or excuse the person responsible from the consequences, damages, or injuries which may in any way result from the burning and does not exempt or excuse any person from complying with all other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction even though the fire is otherwise conducted in compliance with such regulation. The city does not accept responsibility and shall not be liable for any conduct or the results of such outdoor burning activities even if conducted in compliance with this article.
(Ordinance 2005-13, sec. 6, adopted 11/14/05; 2007 Code, sec. 38-36)
Notwithstanding any term or provision contained in this article, no outdoor burning shall occur during a time in which a county burn ban is in effect for the county.
(Ordinance 2005-13, sec. 7, adopted 11/14/05; 2007 Code, sec. 38-37)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor, and shall upon conviction be fined a sum not to exceed $2,000.00.
(Ordinance 2005-13, sec. 11, adopted 11/14/05; 2007 Code, sec. 38-38)