It shall be unlawful for any person to burn within the city limits, any garbage, trash, brush or other waste materials unless such burning shall be performed in an incinerator constructed for that purpose and approved by the fire marshal of the city. Such approval by the fire marshal shall be given in writing and only for any incinerator providing proper protection against fire to surrounding property and premises, if such incinerator fully complies with all federal, state and local regulations pertaining to air pollution.
(1995 Code, sec. 11.610)
A permit is required to burn grass, leaves or weeds within the city limits. A permit will be granted provided that the following regulations are met:
(1) 
A competent person constantly attends such fire until the fire is fully extinguished.
(2) 
This competent person who shall constantly attend fire until fully extinguished shall have a garden hose connected to the water supply, or other fire extinguishing equipment readily available for use during the entire time the fire is burning.
(3) 
Fires are prohibited to be kindled or maintained in less than fifty (50) feet from any structure; and adequate provisions are required to be made to prevent the fire from spreading within fifty (50) feet of any structure unless the fire department is present. The volunteer fire department will not be required to be present, but will be present on a voluntary basis only, to stand by, depending upon the availability of units and manpower, and will in no wise or by any means be held liable for damages incurred by such fire.
(4) 
Fires are not to be kindled when atmospheric conditions or local circumstances make such fire hazardous, including, but not limited to:
(A) 
Windspeed over 10 mph.
(B) 
Humidity below 40%.
(C) 
Wind direction toward any structure or in the direction that might blow smoke into a public assembly (e.g., school, church, football field) while assembly is in progress.
(5) 
A person wishing to burn grass, leaves, or weeds, when all the foregoing provisions have been met, can do so by gaining permission on the telephone from a city official empowered to grant this permission, or in person at the city hall.
(1995 Code, sec. 11.611)