§ 34-101. Burning of leaves and trash.

(a)

It is the purpose of this section to control outdoor burning of waste or other combustible material.

(b)

No person shall cause or allow the outdoor burning of waste material or other combustible material on any property owned by him or under his control except as provided below.

(c)

Outdoor burning of waste material or other combustible material may be conducted in the situations enumerated below if no public nuisance is or will be created and if the burning is not prohibited by and is conducted in compliance with other applicable laws and with regulations and orders of governmental entities having jurisdiction, including air control regulations and orders. The authority to conduct outdoor burning under this regulation does not exempt or excuse the person responsible from the consequences of or the damages or injuries resulting from the burning.

(1)

Outdoor burning in connection with the preparation of food.

(2)

Campfires and fires used solely for recreational purposes or for ceremonial occasions.

(3)

Small fires, by tradesmen and contractors, in such activities as street repair, installation or repair of sewer, water, electric, telephone mains, and services.

(4)

The operation of contrivances using open flumes much as welding torches, blowtorches, portable heaters and other flame-making devices.

(5)

Outdoor burning, in other than a rural park or rural recreation area, of trees, brush, grass, and other vegetable matter from such area in land clearing and right-of-way maintenance operations if the following conditions are met:

a.

The location of the burning must be at least 1,000 feet (305 meters) from any dwelling other than a dwelling or structure located on the property on which the burning is conducted;

b.

Care must be used to minimize the amount of dirt on the material being burned;

c.

Heavy oils, asphaltic material, items containing natural or synthetic rubber, or any materials other than plant growth which produce unreasonable amounts of smoke may not be burned, nor may these substance be used to start a fire;

d.

The burning may be conducted only between the hours of 8 a.m. and 5 p.m. Piles of combustible material should be of such size to allow complete reduction in this time interval;

e.

The burning must be controlled so that a traffic hazard is not created.

(d)

Any person who shall violate any of the provision of this article or fail to comply therewith shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable as provided in section 1-12. The imposition of one penalty for any violation shall not excuse the violation or permit it to be continued and all such persons shall be required to correct or remedy such violation or defect.

(Ord. No. 976, 6-10-02)