All open burning within the city, with the exception of backyard residential cooking fires fueled by gas, charcoal or wood, in a manufactured cooking device or homemade, enclosed masonry or stone fireplace, shall require a written permit from this department and must be obtained to the commencement of any open burning.
Obtaining a Permit:
1. Any person requesting a burning permit for residential type burning shall be required to obtain said permit at Central Fire Station.
2. At any time that burning is requested of such a type that the officer on duty is questionable of the type, size and location, no permit shall be issued until said site has been inspected by this department. If the inspector deems that burning may be allowed a permit may be issued.
3. Permits will only be issued to private property owners or the designee. There is no burning on public property.
Sec. 8-4.22.1 Definitions.
For purposes of this section, the following definitions shall apply unless the context clearly implies otherwise:
Bonfire: A large fire built outside a containment structure upon the ground for recreational or ceremonial purposes limited to a size of generally no greater than five (5) feet long, five (5) feet wide and five (5) feet in height.
Open Burning: Open burning wherein the products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
Recreational or Ceremonial Burning: Open burning which occurs for pleasure, religious, ceremonial, cooking, warmth or similar purposes, including but not limited to, bonfires or campfires.
Sec. 8-4.22.2 General.
(a) Permits to burn combustibles outside shall be obtained from the Fire Department and issued on a case by case basis. Determination of issuing the permit will be based on the daily weather, State issued class day, materials to be burned, location of the burning and other factors of the burn decided by the Fire Department.
(b) No burning shall be permitted on any beach, public or private.
(c) A fire must be fueled by clean, seasoned fire wood, natural gas or other clean burning fuel, with emissions equal to or less than that created be seasoned firewood.
(d) The use of gasoline, motor oil or other similar petroleum-based products, as accelerants for a fire are prohibited.
(e) Upon a written complaint of the fire and/or smoke from the fire, the Fire Department shall request the extinguishment of the fire by the permit holder. The fire shall be immediately extinguished.
Sec. 8-4.22.3 Open Fires.
(a) Open burning within the City shall be prohibited without a permit obtained from the Fire Department with the exception of approved barbeque grills.
(b) Permitted open fires shall be located not less than 50 feet from any structure.
(c) Any open burning shall be attended at all times by a competent person eighteen (18) years of age or older capable of recognizing the dangerous condition and extinguishment of the fire. Adequate tools and equipment including a garden hose connected to the water supply shall be present to extinguish the fire upon request, if fire becomes unmanageable, or at completion of the burn. Upon completion of the fire, the fire shall be completely extinguished and the coals shall be cold. The permit holder of the fire shall be responsible and liable for any damage done by a fire which spreads beyond their control.
(d) No open burning shall produce malodorous fumes detectible beyond the property line which adversely affects the reasonable health, safety, use, occupancy and /or welfare of others.
(e) The burning of domestic refuse shall be prohibited.
(f) The burning of construction materials, wire insulation, and other non-typical materials shall be prohibited.
(g) No open burning shall be permitted within any street right-of-way, gutter, or swale.
(h) Permits may be granted for the burning of leaves and small yard brush. Burning shall be in small amounts. There shall be no burning of slash, lot clearing materials, stumps, etc. within the City.
(i) Open burning shall be in a cleared protected area on the permit holder’s property. No fire shall be tended in an area of other combustible or hazardous materials.
Sec. 8-4.22.4 Recreational Fires.
(a) Permitted recreational fires shall not be located within 25 feet of a structure or combustible material unless contained in an approved manner.
(b) No permit shall be required for a recreational fire after the initial inspection of the site by the Fire Department.
(c) No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause, smoke, embers or other burning materials to create a nuisance for neighboring property owners. The fire shall be completely extinguished immediately upon the written complaint of any smoke or odor nuisance.
(d) With the exception of U.L. approved barbeque devices no other burning device shall be used on a combustible deck or patio. U.L approved barbeque devices shall not be placed closer than 36 inches from combustibles unless approved within the listing of the device. For other than one- and two-family dwellings, no hibachi, gas-fired grill, charcoal grill or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within 10 feet of any structure.
(e) Cooking fires may be allowed by the Fire Department. Cooking fires shall be in an approved location. A permit shall be issued for an approved cooking fire with notification to the Fire Department upon commencement and extinguishment of the fire.
(f) Permanent fire pits shall comply with the following requirements:
(i.) The diameter of the pit shall not exceed three (3) feet;
(ii.) The depth of the pit shall be one (1) to two (2) feet deep domed by a mesh wire screen and shall be covered when not in use;
(iii.) The top of the rim of the pit shall be lined with rock, concrete, brick or steel, that is twelve (12) inches wide all around the perimeter; and
(iiii.) The fire pit shall not be located within six (6) feet of combustibles or structures.
Sec. 8-4.22.5 Bonfires.
(a) A written request shall be submitted at least ten (10) days in advance of the proposed bonfire to the Fire Department accompanied by a site plan of the property depicting all structures on the premises and the location of the proposed bonfire.
(b) The bonfire shall be at least fifty (50) feet from any property line or structure.
(c) The bonfire shall be no larger than five (5) feet in width, five (5) feet in length and five (5) feet in height.
(d) The bonfire shall not be placed under any overhead wires, trees or similar vegetation, and all brush, leaves, branches, or other combustible materials shall be cleared within twenty-five (25) feet of the diameter of the bonfire.
(e) The person conducting the bonfire must notify the Fire Department two hours in advance of the bonfire commencing.
(f) The bonfire shall be attended at all times.
(g) The bonfire shall not last more than three hours.
(h) The bonfire shall be completely extinguished, including smoldering, before it is left unattended.
(i) Precautions shall be taken to regulate, control and extinguish the bonfire through the use of fire extinguishers, water hoses, dirt sand or other fire extinguishing equipment which shall be readily available at the site of the bonfire for immediate utilization.
(j) If because of weather, atmospheric or other conditions, any open burning would be in the judgment of the Fire Department to constitute a general danger or threat to property or persons in the City, the Fire Department may prohibit any open burning until such danger, in their opinion is no longer present.
Sec. 8-4.22.6. Exceptions.
(a) The burning and/or use of: candles, lanterns, lamps, insect repellant torches, Tiki type torches, fireplaces, cigarettes, cigars, pipes, charcoal cookers, braziers, hibachis, barbecue grills or any flammable liquid or liquefied gas fire stoves or similar devices maintained and used solely for the preparation of food on the premises of the owner or occupant and used as per manufactures recommendations are not applicable to this Article.