For the purposes of this article, the following words and phrases shall have the following meanings:
(a) Open burning - The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For this definition, a chamber shall be regarded as enclosed when, during the time combustion takes place, only such apertures, ducts, stacks, flues or chimneys are open as are necessary to provide combustion air and to permit the escape of exhaust gases. A fifty-five-gallon metal drum or wire trash burner or similar vehicle does not qualify as a proper combustion chamber.
(b) Refuse - Garbage, rubbish, trade wastes, leaves, salvageable material, agricultural wastes or other wastes.
(c) Trade wastes - Solid, liquid or gaseous material resulting from construction, the conduct of any business trade of industry or any demolition operation including but not limited to plastics, cardboard cartons, grease, oil or chemicals.
(Code 2019)
(a) It shall be unlawful for any person to dispose of refuse by open burning or to cause, allow or permit open burning within the city.
(b) A citation may be issued by a member of the police department or firefighter in any situation where such official observes an illegal fire, whether or not a complaint has been received.
(Code 2019)
Exceptions to section 5-402, as provided in this section, shall be made by permit only.
(a) Open burning shall be permitted only upon the written approval of either the fire chief or police chief.
(b) Upon approval of the application by the fire chief, the person may proceed with the operation without being in violation of this article, but such approval shall not exempt the applicant from the provisions of any other law, ordinance or regulations.
(c) Approved burning will only be performed under constant supervision of the applicant or his or her agent.
(Code2019)
The open burning of tree trunks, tree limbs, vegetation, untreated waste timber or other waste material shall not be a violation of this article when such burning takes place at the site of a disposal area licensed for that purpose pursuant to the law of the county and located outside of the city limits.
(Code 2019)
This article shall not apply to:
(a) Fires set in connection with agricultural operations related to the commercial growing or harvesting of crops or for the purpose of clearing brush or trees for agricultural purposes from areas zoned for agriculture.
(b) Fires set for the purpose of instruction and training of city firefighters in the methods of fighting fires.
(c) Fires used for noncommercial preparation of food, such as barbecuing.
(d) Campfires in approved camping areas.
(Code 2019)