It shall be unlawful for any person to burn any trash, waste, rubbish, brush or leaves within the corporate limits of the city. This is not intended to prohibit the burning of trash or rubbish or waste in any stove or furnace within any building provided with proper flues or chimneys.
(1990 Code, sec. 9-131)
(a) 
No person may cause, suffer, allow or permit any outdoor burning within the state except as provided by the following subsection.
(b) 
Outdoor burning is authorized in the following instances if no nuisance is or will be created:
(1) 
Outdoor burning when conducted pursuant to a written grant of authority by the state commission on environmental quality or executive secretary.
(2) 
Outdoor burning for the purpose of training firefighting personnel when requested by certified mail and when authorized in writing by the local air pollution control agency or local health unit. If notice of denial from the local air pollution control agency or local health unit is not received within ten (10) days of the request, the burning under this provision may be revoked by the state commission on environmental quality if it is found that this provision is used to circumvent subsection (a).
(3) 
Outdoor burning of domestic waste at and from a property designed for and used exclusively as a private residence housing no more than three (3) families when collection of the domestic waste is not provided by the local government entity having jurisdiction.
(4) 
Outdoor burning consisting of campfires and fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food.
(5) 
Outdoor burning in a rural area of trees, brush, grass, and other dry vegetable matter from such area in land clearing, right-of-way maintenance operations, forest management purposes, and range land management purposes, if all the following conditions are met:
(A) 
The burning must be outside the corporate limits of a city or town except when it is necessary to eliminate a naturally occurring fire hazard.
(B) 
The wind direction at the time of starting the burning must be away from any nearby city, town, residence, recreational, commercial or industrial area.
(C) 
The burning must be at least one thousand (1,000) feet from any residence, recreational, commercial or industrial area except those located on the property where the burning is to take place, except when it is necessary to eliminate a naturally occurring fire hazard.
(D) 
Heavy oils, asphaltic materials, items containing natural or synthetic rubber or any material other than dry plant growth which may produce unreasonable amounts of smoke must not be burned.
(E) 
If the burning will cause smoke to blow onto or across a highway, it is the responsibility of the person initiating the burning to post flagmen on affected roads in accordance with the requirements of the department of public safety.
(F) 
The initial burning for land clearing and right-of-way maintenance purposes may be commenced after 9:00 a.m. Material which will not be completely consumed before 5:00 p.m. shall not be added to the fire.
(G) 
Burning within an area should be staggered so that total atmospheric loads of smoke are reduced.
(H) 
Burning shall not be conducted when meteorological forecasts predict wind movement of less than three (3) miles per hour or greater than fifteen (15) miles per hour or when a significant shift in wind direction is predicted which could produce adverse effects to personnel, animals or property during the burning period.
(I) 
Burning shall not be conducted during periods of actual or predicted persistent (twelve (12) hours or more) low-level (below one thousand six hundred (1,600) feet) atmospheric inversions or in areas covered by a current air stagnation advisory.
(1990 Code, sec. 9-132)
(a) 
Purpose.
The purpose of this section is to promote and protect the public health, safety and general welfare of the community and in the furtherance of conserving the value of the property and establishing a community desirable to reside in through the implementation of a review and approval process for those fires permitted under section 5.07.002 allowing the fire chief/fire marshal to approve such fires.
(b) 
Definitions.
As pertaining to this section, the following definitions will have their specific meaning as follows:
Fire chief/fire marshal.
Any person meeting the minimum qualifications to hold such post and duly appointed to such post enjoying the powers and responsibilities therein provided.
Permitted fire.
Any fire meeting the specific requirements provided for in section 5.07.002.
(c) 
Compliance.
Any person, business or organization wishing to conduct a burn as provided for under section 5.07.002 shall secure approval and a permit under the terms listed below in addition to those pre-clearance steps listed in section 5.07.002, including review, inspection and coordination with the fire chief or fire marshal. In no event shall a fire not meeting the requirements as listed in section 5.07.002 of this code be allowed or considered lawful.
(d) 
Permit required.
(1) 
It shall be unlawful for any person to burn or supervise any fire permitted under section 5.07.002 of the city code without a permit.
(2) 
The permit must be renewed for each specific burning event following inspection and approval by the fire chief or fire marshal.
(3) 
The application for said permit shall include a form prescribed by the city, proof of residence, proof of notification of neighboring property owners and any applicable insurance.
(4) 
The permit shall be displayed in an obvious area near the site of the burning at all times.
(Ordinance 2010-545 adopted 4/20/10)