Chapter 8.25
FIRE PREVENTION
Sections:
8.25.02 Unlawful burning – Issuance of permit – Restrictions.
8.25.05 Accumulation of rubbish and trash.
8.25.06 Stacking of hay or straw.
8.25.07 Keeping of packing materials.
8.25.09 Filling gasoline tanks of motor vehicles.
8.25.10 Fire hazards generally.
8.25.11 Fire hazards – Inspections to discover.
8.25.12 Abatement of fire hazards – Issuing order.
8.25.13 Abatement of fire hazards – Service of order – Records.
8.25.01 Purpose.
The governing body of the city has determined that uncontrolled and unauthorized open burning of materials of whatsoever nature poses a danger to the health and safety of persons and property within the city. That to provide for the safety and health of the citizenry, open burning operations should be regulated by the city whereby in furtherance thereof a permit should be first obtained from the city describing the conditions and limitations under which such open burning may occur. (Ord. 711. Code 1996 § 7-204)
8.25.02 Unlawful burning – Issuance of permit – Restrictions.
It shall be unlawful for any person to cause or permit the disposal of garbage, refuse or other combustibles by burning the same within the city limits except under the following conditions:
(a) That a written open burning permit first be obtained from the chief of the fire department or his or her authorized appointment, who shall issue a permit, at no charge, for the burning of debris within the city limits; provided, that such debris is not packaging for products consumed on the premises which is commonly referred to as garbage or trash. Debris for which an open burning permit may be issued, includes, but is not limited to, leaves, brush, lumber and grass. The chief of the fire department or his or her authorized representative may authorize the burning of any debris not specifically prohibited by the provisions within this chapter. Further, no permit shall issue for the open burning of debris otherwise prohibited by county, state or federal law to be openly burned. The governing body of the city may at any subsequent time by administrative order provide for the charging of a fee for the issuance of an open burning permit and specifically reserve such right for assessing such fee herein.
(b) Upon issuance of an open burning permit as provided for herein, it shall be unlawful to cause or permit open burning under the following conditions:
(1) No fire will be unattended at any time by the person to whom the permit is issued unless another adult, of an age of at least 18 years, and at the direction of the permit holder, is attending the fire in the absence of the permit holder. An unattended fire is a fire that cannot be reasonably and immediately observed from the location of the attendant;
(2) No burning of heavy smoke producing materials such as heavy oil, tires, tarpaper shingles or other similar heavy smoke producing materials shall occur;
(3) A charged water line must be at the site of the burn and be capable of adequately extinguishing the fire, if necessary. Any other alternative means or method for extinguishment to the requirement of the presence at the site of such a charged water line for purposes of extinguishing the fire must first be approved by the chief of the fire department or his or her authorized representative and be specified in the permit;
(4) No burning of authorized materials herein shall occur upon any city streets or alleys, nor on, into or near any catch-basin or storm sewer;
(5) Such burning shall occur in positions upon the burning site so as to minimize the risk of danger to the persons or property of others and must be at a minimum 25 feet from the boundary lines of adjoining properties and occur at a distance of greater than 25 feet from any structure or motor vehicle, unless the authorities herein specifically authorize upon the permit a deviation from the footage requirements herein;
(6) The permit for open burning may be revoked by the chief of the fire department or his or her authorized representative if the weather or conditions, in the sole discretion of the chief or his or her representative, render it unsafe to begin or continue the burn. Any open burning permit fee assessed and paid shall be refunded to the permit holder if such permit is revoked as stated herein;
(7) The duration of the burning shall not exceed four hours, nor shall such burning occur except within the hours of 8:00 a.m. to one hour prior to sunset on Monday through Sunday;
(8) The size of any material and debris pile to be burned shall not exceed two feet in width, length or height;
(9) No ignition source except lit paper or a match shall be used to set fire. Nor shall any combustibles, including but not limited to gasoline, kerosene or charcoal fluid, be used in expanding the fire;
(10) No burning shall occur when the velocity of the wind exceeds 15 miles per hour;
(11) No fire shall be started or maintained in violation of any other restrictions or conditions not specifically provided for herein, but specified by the chief or his or her representative within the open burning permit.
(c) The permit shall only be issued for authorized burning on a specific date or dates as specified in the permit. Upon request by any fire department or police department official, the permit shall be produced and displayed to the official. Such permit shall be kept at the premises or on the person of the attendant at the site of the authorized open burning. Further, the open burning permit shall only issue to the owner of the property upon which such burning is to occur. The owner by requesting and being granted such open burning permit impliedly consents to the entry of any law enforcement or fire department official upon the property for which the burning activity is to occur for purposes of inspecting the site for determining compliance with this chapter.
(d) An exception to the requirement that the conducting of open burning as specified herein be done only after first obtaining a written open burning permit is hereby made under the following limited circumstances. Oral approval for the conducting of open burning of leaves, grass, weeds and sticks may be given by the chief of the fire department or his or her authorized representative. Any person who obtains such oral permission is subject to all applicable restrictions contained within this chapter except those provisions related to the possession and production of a written open burning permit upon request by the official specified elsewhere herein. (Ord. 711. Code 1996 § 7-204a)
8.25.03 Unlawful acts.
Any person who shall cause or permit any act declared to be unlawful as provided in BSMC 8.25.01 or 8.25.02 shall be subject to a punishment of a fine not to exceed $1,000 or a period of incarceration in jail not to exceed 60 days or both such fine and incarceration. Further, such person shall be subject to the payment of restitution for any damage or injuries to the persons or property of others sustained as a result of the open burning activities, not occasioned by the negligence of such other persons. (Ord. 711. Code 1996 § 7-204b)
8.25.04 Scope.
Nothing in BSMC 8.25.01, 8.25.02 or 8.25.03 shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition to and supplemental to the powers conferred by the constitution and any law or ordinance. (Ord. 711. Code 1996 § 7-204c)
8.25.05 Accumulation of rubbish and trash.
It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard. (Ord. 711. Code 1996 § 7-205)
8.25.06 Stacking of hay or straw.
It shall be unlawful for any person to deposit, stack or store any hay or straw within 500 feet of any building located inside the fire limits of the city. (Ord. 711. Code 1996 § 7-206)
8.25.07 Keeping of packing materials.
It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal-lined boxes or bins having self closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily. (Ord. 711. Code 1996 § 7-207)
8.25.08 Storage of ashes.
It shall be unlawful to store ashes inside of any nonfireproof building unless they are stored in a noncombustible container or receptacle, and clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials. (Ord. 711. Code 1996 § 7-208)
8.25.09 Filling gasoline tanks of motor vehicles.
The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code. (Ord. 711. Code 1996 § 7-209)
8.25.10 Fire hazards generally.
It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak or the spreading of fire is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient accessible and unobstructed fire exits and escapes, is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful. (Ord. 711. Code 1996 § 7-210)
8.25.11 Fire hazards – Inspections to discover.
It shall be the duty of the fire chief to inspect or cause to be inspected by fire department officers or members, as often as may be necessary, all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels, and rooming houses have sufficient and unobstructed facilities for escape therefrom in case of fire. The fire chief may, upon request or whenever he or she has reason to believe that the safety of life and property demands it, and as often as he or she may deem necessary, enter any building, yard or premises in the city during reasonable hours for the purpose of inspection, and where dangerous, unsafe or hazardous conditions are found to exist he or she shall give such directions for the alteration, change or removal or better care of management of the same as he or she may deem proper, and such directions shall be obeyed and complied with by the person directed in that regard and at their expense. (Ord. 711. Code 1996 § 7-211)
8.25.12 Abatement of fire hazards – Issuing order.
Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender. (Ord. 711. Code 1996 § 7-212)
8.25.13 Abatement of fire hazards – Service of order – Records.
Any order made under BSMC 8.25.12 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and/or occupant. (Ord. 711. Code 1996 § 7-213)