§ 28-457. Open burning prohibited.

No person shall allow, cause, or permit open burning of combustible materials. The following shall be permitted exceptions:

(1)

Disaster rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.

(2)

Diseased trees. The open burning of diseased trees; however, when the burning of diseased trees causes a nuisance, appropriate action may be taken to require relocation of the burning operation. Rubber tires shall not be used to ignite diseased trees.

(3)

Flare stacks. The open burning or flaring of waste gasses, provided such open burning or flaring is conducted in compliance with applicable rules of the state department of natural resources.

(4)

Landscape and yard waste. The disposal by open burning of landscape waste and yard waste originating on the premises; however, the burning of landscape waste produced in clearing, grubbing, and construction operations shall be limited to areas located at least one-fourth mile from any inhabited building. Rubber tires shall not be used to ignite landscape waste. No burning shall occur on city streets.

(5)

Recreational fires. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the state department of natural resources.

(6)

Training fires. Fires set for the purpose of bona fide training of public or industrial employees in firefighting methods, provided that the state department of natural resources receives notice in writing at least one week before such action commences.

(7)

Variance. Any person wishing to conduct open burning of materials not exempted herein may make application for a variance to the state department of natural resources.

(8)

Burn barrels. All closed wall containers such as 55 gallon drums or other items commonly referred to as burn barrels are prohibited and may be collected and disposed of by the city. The city or its designee shall first notify the owner of any burn barrel by affixing a notice to the barrel that if the barrel continues to be used for burning, it will be collected and disposed of by the city without compensation to the owner. Open sided containers made from poultry netting or other open weave fence like material may be used for burning landscape waste.

(Prior Code, § 105.17)