Chapter 8.20 — OPEN BURNING

It is unlawful for any person to cause, allow, aid, suffer, or maintain any open burning of any kind or the burning of any waste materials or rubbish in any incinerator, barrel, can, pit, fireplace, or similar container or enclosure.

(Ord. 272 §1, 1970)

The city council may in its discretion grant an exception to the provisions of this chapter to permit the burning within the city limits of trees, branches and vines. Such exemptions shall apply in the case of property being converted to commercial or residential use.

(Ord. 282 §1, 1970: Ord. 272 §1 1/2, 1970)

Any person in charge of or in possession of any premises upon which such burning occurs shall extinguish the fire, provided he has knowledge of the fire and it is within his power to extinguish it.

(Ord. 272 §2, 1970)

This chapter shall not apply to the following:

A.

An indoor or outdoor barbecue or similar heating or cooking device while being used for the heating or cooking of food and not being used primarily for the burning of waste materials or rubbish;

B.

An electric or gas incinerator or furnace used by a hospital, physician, veterinary hospital, columbarium, or similar establishment for the incineration of body parts, bandages, or related refuse;

C.

Comfort heating by use of a fireplace inside of a residence that is not being used primarily for the burning of waste materials or rubbish;

D.

The personal use of cigarettes, cigars, or pipes; the use of matches for the lighting of authorized fires or fire-fed devices, the use of authorized lighting devices such as candles, or the use of similar flammable materials not likely to cause air pollution or a fire hazard;

E.

City employees, who in the performance of their duties are burning any of such items.

(Ord. 272 §3, 1970)

Every person, association, or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor. Upon conviction thereof, he shall be punishable by a fine not to exceed twenty-five dollars or by imprisonment in the city jail or the county jail for a period of time not to exceed five days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues constitutes a separate offense and, upon conviction thereof, shall be punishable as provided in this section.

(Ord. 272 §4, 1970)