5-1201 Yard burning defined.
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)
5-1202 Prohibition on yard burning.
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)
5-1203 Exception; permit.
(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)
5-1204 Exception; requirements.
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)
5-1205 Penalty.
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)
5-1206 Effect on Open Burning.
Nothing in this Article shall alter or change the terms of Chapter V, Article 4 regarding Open Burning.
(Ord. G-22-01)
5-1207 Liability.
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)