§ 92.03. Burning garbage or other materials.

No person shall kindle, maintain, or assist in maintaining any fire within the city for the purpose of burning trash, garbage, horticultural materials, paper, wood, or any other material unless such person has first obtained a permit to do so from the chief of the fire department or a person designated by him who is a member of the fire department, and unless the fire is maintained in a fireplace or other enclosed fire container located within a building or structure. A permit may be issued by the chief of the fire department or a person designated by him who is a member of the fire department upon the following conditions and payment of the fee set forth in Chapter 99.

(A)

The applicant must file a written request with the fire chief prior to the time for which the burning permit is desired.

(B)

The applicant must indicate in the written application the following:

(1)

The name of the applicant and his address.

(2)

The location of and the date and approximate time the burning is to occur.

(3)

The type of materials to be burned and why such materials must be burned rather than being disposed of by being transported from the premises.

(4)

The name, address, and phone number of the employee of the county or state agency issuing a permit for burning if the county or state requires a permit.

(C)

The applicant must permit a member of the fire department designated by the fire chief to make an inspection of the premises on which the burning is to occur if the fire chief requires such an inspection.

(D)

The premises upon which the burning is to occur must be on the property of the applicant and must not be within 50 feet of any building.

(E)

The permit shall be granted only if it is determined that the material to be burned can be burned in safety without danger of causing harm or annoyance to the neighborhood and upon an affirmative showing of good cause why the trash or similar material must be burned instead of being hauled away. The fire chief or a member of the fire department designated by him shall be the sole judge of good cause and safety in this regard.

(F)

The granting of a permit hereunder shall carry the obligation on the part of the grantee to keep safe control of the fire and to be responsible for all damages therefrom and that all resultant embers shall be extinguished or removed at the close of the fire.

(Ord. 292, passed 1-28-82; Am. Ord. 92-008, passed 6-11-92)

Cross reference

Penalty, § 92.99.