[R.O. 1988 § 14-5; Ord. No. 998 § 2; Ord. No. 1490 § 1; Ord. No. 2874 § 2, 10-5-1992; Ord. No. 4104, 8-5-2013]
It shall be unlawful for any person to burn, set fire to or ignite any solid waste, paper, wood, grass, leaves, weeds or any other debris or refuse; provided, that this Section shall not apply to the burning of grass, leaves, weeds, or natural vegetation generated upon a landowner's property by special permit.
(a) No burning shall be permitted on City right-of-way.
(b) Open burning of grass, leaves, weeds, or natural vegetation generated upon a landowner's property shall be permitted year-round, under the terms and conditions set forth in any written or verbal permit which may be issued by the Fire Chief or their designee. Such written or verbal permit, issued by such Fire Chief or their designee, shall specify the time and place such burning shall be permitted.
(c) Open burning shall be allowed after obtaining a permit or other proper authorization from the Fire Chief or their designee for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, heating for warmth of outworkers, and a bonfire.
(d) 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 their designee when it is determined that fire safety requirements of the situation and the desirable duration of burn warrant the increase.
(e) 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 purposes with the intent to minimize the generation of air contaminants.
(f) Applications for open burning bonfires shall be obtained at the City of Rolla Fire and Rescue Headquarters on or before the day of bonfire and shall be in such form and contain such information as required by the Fire Chief or their 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.
(g) All permits shall be requested by and issued to the owner of the land upon which the bonfire is to be kindled.
(h) The location for any open burning shall be not less than fifty (50) feet from any structure and provisions shall be made to prevent the fire spreading to within fifty (50) feet of any structure. Fires in approved containers shall be permitted to be not less than fifteen (15) feet from any structure. All burning shall take place on the owner's property.
(1) Open burning shall not be used for waste disposal purposes, shall be of the minimum size of the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
(i) All open burning shall be constantly attended by a competent person until such open fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use. Land clearing operations must obtain a permit from the Missouri Department of Natural Resources.
(j) Commercial land clearing and/or land clearing operations must be pre-approved by a vegetative or untreated wood permit obtained through the Missouri Department of Natural Resource, in conjunction with the City of Rolla Fire and Rescue.
(k) Open burning shall be allowed without prior notification to the Fire Chief or their designee for highway safety flares, railroad smudge pots and similar occupational needs.
(l) The Fire Chief or their 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 their 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.
(m) Open burning shall be allowed with prior notification to the Fire Chief or their designee and upon receipt of written permission from the jurisdictional EPA (Environmental Protection Agency) authority and/or Missouri Department of Natural Resources, provided that any conditions specified in the permission are followed, for:
(1) Disposal of hazardous or toxic material where the EPA determines that there is no practical alternative method of disposal;
(2) Instruction in methods of firefighting or for research in control of fires, in emergency or other extraordinary circumstances research in control of fires;
(3) In emergency or other extraordinary circumstances for any purpose determined to be necessary by the EPA, disposal of landscape waste other than residential; and
(4) Agricultural waste, and recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.