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City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
Editor's Note: Ord. No. 2023-3278, adopted 2-28-2023 set out that the implementation and enforcement of all laws and rules duly passed by Ordinance 2022-3267, establishing Chapter 270, Burning Ordinances within Title II, Public Health, Safety, and Welfare of the Municipal Codes of the City of Aurora, Missouri, shall begin on July 1, 2023.
[Ord. No. 2022-3267, 10-11-2022]
As used in this Chapter, the following terms shall have the meanings indicated:
BONFIRE
An after-sunset outdoor fire burning of only clean, dry firewood for pleasure, religious, ceremonial, celebration, cooking, warmth, or similar purposes.
COMMERCIAL LAND CLEARING
Areas being cleared and burned for purposes to build commercial, industrial, residential dwellings. This does not include tree trimming, gardening, or leaves.
FIRE PIT
Below-ground pits, freestanding fireplaces, and portable devices intending to contain and control small outdoor fires.
OPEN BURNING
An outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in barrels or modified barrels. Fire pits and burning in patio containers are not considered "open burning" as herein defined.
OWNER
Any person, firm, partnership, corporation, or other entity who alone or jointly or severally with other persons, firms, partnerships, corporations, or other legal entities, has legal title to any premises. The term does not include a lessee, sublessee or other person who merely has a right to occupy or possess the premises.
PREMISES
Any building, structure, or combination of buildings or structures that serve as dwelling units, such as single-family, multiple-family, or any other area within a building, structure or combination thereof which is used for any purpose.
RECREATIONAL FIRES
A recreational fire is an outdoor fire where the fuel is not contained in an incinerator, outdoor fireplace, barbeque grill, or barbeque pit. It is used for pleasure, ceremonial, cooking, warmth or similar purposes.
UNTREATED WOOD
Lumber or other wooden materials that have not been chemically treated for resistance to moisture, fire, fungi, insects, or other pests or has not been treated or manufactured with the chemicals, or that does not contain adhesives or resins. Untreated wood does not include plywood, particle board, chipboard, or wood with other than insignificant quantities of paint, coatings, or finish.
YARD WASTE
Organic material such as leaves brush, garden waste, and tree branches and limbs.
[Ord. No. 2022-3267, 10-11-2022]
It is unlawful for any person to engage in open burning of any matter within the City during the hours of darkness, from sunset to sunrise, except as otherwise permitted by this Chapter.
[Ord. No. 2022-3267, 10-11-2022]
A. 
It shall be unlawful for any person to conduct any open burning within the City, except as permitted by this Chapter.
1. 
Open burning of yard waste is only authorized for yard waste generated upon a landowner's property and at the location where the burning is to take place. Yard waste may not be transported to another location for open burning.
2. 
No burning shall be permitted on City right-of-way except by the City.
3. 
The location for any open burning shall be not less than twenty-five (25) feet from any premises and provisions shall be made to prevent the fire spreading to within twenty-five (25) feet of any premises.
4. 
A yard waste fire shall not be more than five (5) feet by five (5) feet by five (5) feet in dimension and if in a container, not more than can be placed within an upright metal container no larger than fifty-five (55) gallons in capacity.
5. 
Open burning shall not be used for waste disposal purposes or burning of inorganic material such as plastic, tires, rubber or any other material that produces offensive fumes and immense smoke when burned.
6. 
Open burning of yard waste is only permitted from sunrise to sunset.
7. 
All open burning shall be constantly attended by a competent adult person until such open burning is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.
8. 
Open burning for commercial land-clearing operations must be preapproved by a permit to open-burn vegetative or untreated wood obtained through the Missouri Department of Natural Resources, and a permit obtained and approved through the City of Aurora Community Development Office and the Aurora Fire Department.
9. 
Open burning shall be allowed without prior notification to the Fire Chief or his/her designee for highway safety flares, railroad smudge pots and similar occupational needs.
10. 
The Fire Chief or his/her designee shall prohibit open burning which will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The Fire Chief or his/her designee shall order the extinguishment, by the permit holder or the Fire Department, for any open burning, which creates or adds to a hazardous or objectionable situation. Permission for open burning authorizes the City of Aurora Fire Department to come on the premises where the fire is located to extinguish the open burning if necessary.
11. 
Yard waste fires shall be ignited only by a small amount of paper and no flammable liquids will be used to ignite such fires .
12. 
Smoke and odor from the burning of yard waste must not create a nuisance.
[Ord. No. 2022-3267, 10-11-2022]
A. 
The burning of refuse and residential solid waste is prohibited. No person may conduct, cause, permit or allow open burning of refuse or residential solid waste as defined by Chapter 260 of the Municipal Codes of the City of Aurora, Missouri within the City limits of the City.
B. 
The burning of demolition or construction waste is prohibited. No person may conduct, cause, permit or allow open burning of demolition or construction waste as defined by Chapter 260 of the Municipal Codes of the City of Aurora, Missouri within the City limits of the City.
C. 
The burning of any hazardous or toxic waste or materials is prohibited.
[Ord. No. 2022-3267, 10-11-2022]
A. 
Bonfires Are Permitted By Application Only. Applications for open burning bonfires shall be obtained from the Fire Chief or his/her designee on or before the day of bonfire and shall be in such form and contain such information as required by the Fire Chief or his/her designee. Such applications shall contain, at a minimum, information regarding the purpose of the proposed burning, the nature and quantities of material to be burned, the date when such burning will take place, and the location of the burning site.
B. 
Fuel for a bonfire shall consist only of seasoned dry firewood and be ignited with a small quantity of paper. The fire shall not be used for waste disposal.
C. 
A bonfire shall be no more than five (5) feet by five (5) feet by five (5) feet in dimension and shall burn not longer than three (3) hours. The size and duration of a bonfire shall only be increased by the Fire Chief or his/her designee when it is determined that fire safety requirements of the situation and the desirable duration of burn, warrant the increase.
D. 
All permits shall be requested by and issued to the owner of the land upon which the bonfire is to occur.
[Ord. No. 2022-3267, 10-11-2022]
A. 
This Chapter shall not apply to the following:
1. 
Fires set for the purpose of instructing and training of staff and volunteers of the Aurora Fire Department.
2. 
Burning of the yard waste at the yard waste collection point at the City of Aurora Wastewater Treatment Facility.
[Ord. No. 2022-3267, 10-11-2022]
Any person violating any provision of this Section shall be guilty of an ordinance violation and, upon conviction thereof, shall be punished as provided in Section 100.220 of the City Code. Upon conviction of said violation in the Municipal Court of Aurora, Missouri, violations may be punished by a fine not to exceed five hundred dollars ($500.00) plus court costs.
[Ord. No. 2022-3267, 10-11-2022]
In cases where the Aurora Fire Department is called to extinguish a residential yard waste fire or other fire in violation of this Chapter, the party authorizing the fire or the property owner where the fire is located shall be required to pay such response costs as designated annually by the Fire Chief. It shall be prima facia evidence that the person(s) who owns or control the property on which the open burning occurs, has caused or permitted the open burning.
[Ord. No. 2022-3267, 10-11-2022]
Recreational burning and fires used for cooking or grilling is permitted. Open burning in patio containers such as chimenea, structured outdoor fireplaces, fire pits, or devices intending to contain and control small outdoor fires will be permitted and without hours of restriction.
[Ord. No. 2022-3267, 10-11-2022]
Unless otherwise authorized in this Chapter, by Statute, or law, all other open burning is prohibited.