§ 42-31. Burning of trash and ground cover.

(a)

Definitions. For the purposes of this section the following definitions shall apply:

Natural cover means trees, brush, roots and other byproducts of land clearing activity.

Trash means all accumulations of grass, trees, shrubbery or weed cuttings, pine needles, and other refuse incident to the care of lawns, shrubbery, vines, trees and gardens. The term "trash" shall not be taken to include used or broken appliances, furniture, bedding, building materials, lumber, logs or other material of like nature more than four feet in length.

(b)

Conditions for open burning of trash and natural cover. Open burning of trash and natural cover (as a result of land clearing) may be permitted by the fire department when it is determined that:

(1)

The weather conditions will allow the escape of smoke and fire byproducts without being a hazard or nuisance to the surrounding citizens or their property.

(2)

The location, amount and nature of these materials, when burning, present no health or safety hazards to the surrounding citizens or their property.

(3)

The time of day that materials may be burned and when they must be extinguished will be established by the fire chief based upon the considerations set forth herein.

(c)

Permit required. A burning permit must be secured from the fire department prior to each burn and shall be subject to such conditions as are imposed by the fire department pursuant to subsection (b) hereof. In addition to the offender being subject to punishment as provided in section 1-8, any violation of the conditions of the burn permit or of any provision of this section shall be cause for revocation of the permit and may be considered as a basis for denial of subsequent applications where such violations have been determined by the fire chief to have constituted a public hazard. A fee will be assessed for each permit as provided by resolution of the city council.

(Code 1981, § 10-6)