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Regulations for Outdoor Burning

Section 210.1105Outdoor Burning.

[Ord. No. 3232 §§ 1 — 4, 10-17-2016]

A. Definitions.

OPEN BURNING - The outdoor burning of leaves, tree branches, yard trimmings, grass clippings or other natural vegetation; or any waste generated by a residence, business, trade, industry, salvage, construction or demolition operation.

PERSON - An individual, heirs, executors, administrators, or assigns, and also includes a firm, partnership, corporation, its or their successors or assigns, or the agent of any of the aforesaid.

PORTABLE OUTDOOR FIREPLACES - A portable, outdoor, solid-fuel burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

RECREATIONAL BURNING AND RECREATIONAL FIRE - A recreational fire is an outdoor fire where the fuel is not contained in an outdoor fire place, barbeque grill, barbeque pit, portable outdoor fireplace, or fire pit container. It is used for pleasure, ceremonial, cooking, warmth or similar purposes.

B. No person shall cause, allow or permit the open burning of household refuse; leaves, trees, grass or other vegetation; or 
     any waste generated by a business, trade, industry, salvage, construction or demolition operation.

C. Open cooking fires and other recreational fires are allowed within approved containers or enclosures and/or under the
     following conditions:

  1. Fuel for cooking fires shall be limited to natural gas, propane, charcoal, wood pellets or natural wood which has not been treated or painted.
  2. Recreational fires where the burning materials are not contained in an outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit, must not be larger than three (3) feet in diameter and two (2) feet in height and have a spark arrestor in place.
  3. Barbeque grills using charcoal as fuel shall not be used on a wooden deck.
  4. All barbeque grills shall be kept at least fifteen (15) feet from any structure or combustible material while in use or while still hot from use.
  5. Any permitted burning within the meaning of this Section shall be constantly attended by competent persons until it is completely extinguished.
  6. There must be a means of extinguishing the fire present at all times.

D. The Fire Chief, and his/her designees, may prohibit any or all burning when atmospheric conditions or circumstances render such fire hazardous or offensive.

Section 210.1090 Reckless Burning or Exploding.

A person commits the offense of reckless burning or exploding if he/she recklessly starts a fire or causes an explosion and thereby damages or destroys the property of another.

Section 210.1100 Negligent Burning or Exploding.

A. A person commits the offense of negligent burning or exploding if he/she with criminal negligence causes damage to
     property or to the woodlands, cropland, grassland, prairie, or marsh of another by:

  1. Starting a fire or causing an explosion; or
  2. Allowing a fire burning on lands in his or her possession or control onto the property of another.

For more information, please see the City Code, https://ecode360.com/PL3408