[1]
Editor’s note–Former article 5.03 pertaining to outdoor burning and deriving from Ordinance 96-011 adopted 9/24/96, was amended and replaced with similar provisions by Ordinance 2025-001 adopted 2/11/2025.
This article is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the city due to the air pollution and fire hazards of open outdoor burning and refuse burning.
(Ordinance 2025-001 adopted 2/11/2025)
(a) 
This article applies to all open outdoor burning within the city.
(b) 
This article does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in section 5.03.003 of this article.
(c) 
This article does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(Ordinance 2025-001 adopted 2/11/2025)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Campfire
means a small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.
Clean wood
means natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
Control device
means a fire ring or fire pit or similar device that is capable of preventing the spread of fire to adjacent materials.
Fire chief
means the Chief of the Clyde Volunteer Fire Department.
Fire marshal
means the person vested with authority as outlined in section 5.03.015 [sic] of this code.
Open burning
means 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.
Outdoor burning
means open burning.
Outdoor wood-fired furnace
means a wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
Refuse
means any waste material except clean wood.
(Ordinance 2025-001 adopted 2/11/2025)
(a) 
Open burning and refuse burning are prohibited in the city unless the burning is specifically allowed under this article.
(b) 
No person shall use or maintain a burn barrel in the city.
(c) 
No person shall install, use or maintain an outdoor wood-fired furnace in the city.
(d) 
An existing unwanted building in the city may not be burned.
(Ordinance 2025-001 adopted 2/11/2025)
(a) 
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances, including barbecue, gas, and charcoal grills, are allowed but shall be at least 25 feet from the nearest building which is not on the same property.
(b) 
Outdoor campfires and small bonfires for cooking, ceremonies or recreation are allowed provided that the fire is confined by a control device or structure such as a fire ring or fire pit and is located at least 25 feet from the nearest building which is not on the same property.
(c) 
Only clean wood may be used for open burning allowed by this section.
(Ordinance 2025-001 adopted 2/11/2025)
A person conducting or using an open outdoor fire of any kind shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire. The city will not be liable for any fire suppression costs or any other liability resulting from damage caused by a fire being conducted under a permit issued by the city.
(Ordinance 2025-001 adopted 2/11/2025)
The fire chief, fire marshal, or any authorized officer, agent, employee or representative of the city who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this article.
(Ordinance 2025-001 adopted 2/11/2025)
(a) 
The fire chief, the fire marshal, and the police chief are authorized to enforce the provisions of this article.
(b) 
Any person convicted of violating any provision of this article shall be guilty of a Class C misdemeanor and shall be subject to a fine in accordance with section 1.01.009 of this code. Each day a violation of this article continues shall be considered a separate offense.
(Ordinance 2025-001 adopted 2/11/2025)