§ 4-65. Permissible open burning of debris from property maintenance, etc.

Open burning is permitted on site for destruction of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by the fire marshal's office, provided the following conditions are met:

(a)

All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the fire marshal's office. Such efforts shall include, but are not limited to, the removal of pulpwood, saw logs and firewood;

(b)

The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material or any materials brought in from other sites;

(c)

The burning shall be at least 1,000 feet from any occupied building(s) unless the occupant(s) or owner(s) have given prior written permission for closer burning, other than a building located on the property on which the burning is conducted, or shall be greater than 1,000 feet from any occupied building or buildings if the division of inspections determines that it is necessary to protect public health and welfare.

(d)

The burning shall be conducted at the greatest distance practicable from highways and air fields.

(e)

The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced;

(f)

The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and

(g)

The burning shall be conducted only when the prevailing winds and atmospheric conditions are acceptable, as determined by the fire marshal's office.

(h)

The burning shall be supervised at all times by such personnel and equipment as the fire marshal's office determine is necessary to protect the public health and welfare.

(i)

When any burning contemplated by this section is to occur, or where the burning permitted by subsection 4-64(f) of this article exceeds the maximum limits, the person or persons responsible for the burning shall, within 72 hours prior to such burning, apply for a permit from the fire marshal's office. Such permit may be granted only after an on-site inspection and confirmation by the fire marshal's office determines that the burning can and will comply with the conditions set forth in this section and any other conditions which are deemed necessary by the fire marshal's office to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of this chapter or the laws and regulations of any governmental entities having jurisdiction over such burning. Permits issued under this section shall be limited to a specific period of time deemed appropriate by the fire marshal's office. The fees for such permits shall be as follows:

(1)

For open burning of five acres or less, a flat fee of $25.00 plus $1.00 for each acre to be burned or $1.00 for each acre from which materials have been gathered to be burned.

(2)

For opening burning of ten acres or less, a flat fee of $50.00.

(3)

For open burning in excess of ten acres, a flat fee of $100.00.

In the event any open burning for which a permit has been issued pursuant to this section does not take place within three days from the issuance of such permit, the permit shall expire, and before the proposed open burning can take place, the permit must be renewed by the division of inspections. Any applicant who applies for renewal of a permit prior to the expiration of the same shall not be required to pay any additional fees for renewal of the permit. In the event any open burning for which a permit has been issued pursuant to this section does not take place within three days from the issuance of such permit, and the applicant later applies for renewal of such permit the payment of any additional license fees shall be at the discretion of the fire marshal's office.

(j)

No owner or other person shall cause or permit open burning or the use of a special incineration device during May, June, July, August, or September.

(Ord. No. O-07-037, 3-13-07)

(Ord. No. O-07-037, 3-13-07)