Yard burning shall be defined as the intentional, controlled, or prescribed burning of grass and other plant growth of residential properties within the City of Plainville, Kansas.
(Ord. G-22-01)
It is unlawful for any person to conduct yard burning on any property within the limits of the City of Plainville, Kansas, except as provided in Section 5-1203.
(Ord. G-22-01)
(a) Yard burning shall be permitted upon issuance of a yard burning permit and subject to the requirements described in Section 5-1204. Said permit shall be issued to the owner of the property and shall be limited to the property described on the permit;
(b) The applicant of a yard burning permit shall be the owner of the property where yard burning will take place;
(c) No permit shall be issued for industrial or commercial properties, or residential properties containing more than five (5) dwelling units;
(d) The applicant shall pay an annual permit fee of $20.00, which shall be valid only for the calendar year in which it is issued
(Ord. G-22-01)
The property owner with a valid yard burning permit shall be authorized to conduct yard burning on the property described in the permit, but subject to the following requirements:
(a) Yard burning shall only occur between March 1 and April 30th. There shall be an absolute prohibition on yard between at any other time during the calendar year;
(b) No yard burning shall take place during any bum ban issued by the Board of County Commissioners of Rooks County, Kansas;
(c) No yard burning shall take place if wind speeds are in excess of twenty (20) miles per hour;
(d) Yard burning shall only take place during day light hours and any fire must be completely extinguished prior to sunset;
(e) Grasses and growth subject to yard burning must be no more than six (6) inches in length;
(f) Water or any other sufficient method of extinguishment must be located on the property before, during, and after the act of yard burning;
(g) The property owner holding a yard burning permit shall be the person authorized to conduct yard burning and shall supervise burning until the fire is extinguished;
(h) The property owner shall notify the Rooks County Dispatch when yard burning will begin and when all fires are completely extinguished; and
(i) The property owner shall carry sufficient homeowner’ s insurance covering the property subject to the permit.
(Ord. G-22-01)
Any person violating any section of this Article shall be guilt of a misdemeanor punishable by a fine or not less than $50.00 and not to exceed $1,000.00 per violation and/or may be sentences to a maximum term of thirty (30) days in jail.
(Ord. G-22-01)
Nothing in this Article shall alter or change the terms of Chapter V, Article 4 regarding Open Burning.
(Ord. G-22-01)
The City of Plainville, Kansas shall be immune from liability for any damages, loss, or destruction caused by a violation of this Article or by yard burning conducted under the terms of a valid yard burning permit.
(Ord. G-22-01)