Code of Ordinance Section 7-126:
No person shall kindle or maintain any rubbish fire or other outdoor fire or authorize any such fire within the city limits, except:
- Owners or those having control over the maintenance of real estate two (2) acres or larger, may burn trees, brush and other plant growth, on said lots, if for the purposes of maintenance or land clearing and if materials to be burned do not exceed nine (9) inches in diameter and are generated solely on such property. Any burning under this section is subject to the following requirements:
- Burning shall be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water or off-site structure used for a business, human residence or the containment of animals.
- If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burn to post flag-persons on the affected roads.
- Burning must be conducted down-wind of or at least three hundred (300) feet from any structure used for a business, human residence or the containment of animals located on any property located within three hundred (300) feet of such fire unless prior written approval is obtained from such occupant(s) with possessory control.
- Burning shall be conducted in compliance with the following meteorological and timing considerations:
- The initiation of burning shall commence no earlier than one (1) hour after sunrise. Burning shall be completed on the same day not later than one (1) hour before sunset, and shall be attended by a responsible party at all times during the active burn phase when the fire is progressing. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after this time.
- Burning shall not be commenced when surface wind speed is predicted to be less than six (6) miles per hour or greater than twenty-three (23) miles per hour during the burn period.
- Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.
A burning permit shall be obtained from the fire department prior to any burn. A permit fee in the amount of fifty dollars ($50.00) shall be assessed by the city for each day an applicant desires to burn.
Violation of this section shall be deemed a misdemeanor punishable by a fine up to two hundred dollars ($200.00) for each violation.
Nothing contained herein shall prohibit the burning of charcoal, firewood or gas for warmth or to cook outdoors or burning for ceremonial purposes.