Firebaugh Municipal Code § 16-5 Outdoor Burning

[Ord. #240, S1]

It shall be unlawful for any person to burn outdoors in the city any type of matter whether it be in an incinerator, can, container, or otherwise.

[Ord. #240, S2]

This section does not prohibit outdoor cooking of food in the city.

[Ord. #240, S3; Ord. #98-5, S3]

Except as may be approved in writing by the director of public works for a commercial establishment, industrial establishment or multiple family units under paragraph b of subsection 13-2.7, it shall be unlawful for any person to place any kind of trash, rubbish, garbage or refuse in the alleys of the city, whether or not such matter is in a receptacle or container.

[Ord. #240, S4]

Any person or other legal entity wishing to burn outdoors in the city any type of matter in contravention of subsection 16-5.1,4, may do so only if they have first applied for in writing, and received, a written permit from the chief of the fire department.

a. Application for permit. The applicant for a permit shall first submit a written request to the chief of the fire department which shall contain the following information:

1. The name and address of the applicant;

2. The type of matter the applicant wishes to burn outdoors;

3. The date, time, and location where the applicant wishes to burn outdoors;

4. The reason or reasons why the applicant wishes to burn outdoors;

5. The manner by which the applicant proposes to protect the public from fire, smoke, and noxious odors.

b. Permit. Within 24 hours after receipt of the written application the chief of the fire department of the city shall, in his discretion, in writing, deny the permit, or issue the permit, or issue the permit with written conditions. In exercising his discretion, the chief shall be guided by the necessity for the burning and the precautions to be taken to protect the public from the fire, smoke, and noxious odors.

c. If the chief denies the permit, or issues the permit with conditions, and the applicant wishes to appeal the chief's decision, the applicant shall file with the city clerk within five days from the date of denial, or the approval of the permit with conditions, a copy of application and a copy of the denial, or the approval with conditions. The city council shall then hear the matter at its next regular meeting and sit as a board of review. The city council can then deny the permit, approve the permit with conditions, or grant the permit.

[Ord. #240, S5]

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to the penalty stated in Chapter 1, section 1.5.

[Ord. #240, S6]

Nothing contained in this section shall be deemed to bear any legal, equitable, or summary remedy to which the city or any person, or legal entity may otherwise be entitled.

[Ord. #250, S1]

Any permit granted to burn outdoors pursuant to this section is a revocable license. It may be revoked at any time by the chief of the fire department of the city when it reasonably appears to him that the licensee is violating the conditions of the burning permit that has been granted to the licensee, or that there has been a change of circumstance since the issuing of the license so that the exercise of the license constitutes a hazard to the health and welfare of the citizens of this city. In any event, any burning permit granted for a residential purpose shall automatically expire at the end of 30 days; and any such permit for a commercial or industrial purpose shall automatically expire at the end of 180 days. If a licensee desires another permit after the automatic expiration of the licensee's existing permit the licensee must apply for a permit pursuant to subsection 16-5.4. If the chief of the fire department of the city revokes a license pursuant to this section then the licensee may appeal within five days from the date of the revocation pursuant to subsection 16-5.4 and the decision of the city council shall be final.

[Ord. #240, S8]

The forgery or falsification, misuse, or failure to abide by the conditions in any burning permit of the type provided for in this section shall constitute a misdemeanor and any person or entity convicted under this section shall be punishable by a fine not to exceed the penalty as established in Chapter 1, section 1-5.