For the purposes of this article, the following words and phrases shall have the following meanings:

(a)   Air contaminant. Any particulate matter, gas or vapor (exclusive of grime, carbon or any other particulate matter or irritating odorous matter, fumes or gases, or any combination thereof.

(b)   Air contaminate source. Any source of emission of an air contaminate whether privately or publicly owned or operated.

(c)   Air pollution. The presence in the ambient air of one or more air contaminants in quantities, of characteristics and of a duration which directly or proximately cause or contribute to injury to human, animal or plant life, health or property, or which unreasonably interferes with the enjoyment of life or use of property.

(d)   Ambient air. All space outside of buildings, stacks or exterior ducts.

(e)   Open burning. The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion takes place, only such apertures, ducts, stacks, flues or chimneys are open as are necessary to provide combustion air and to permit the escape of exhaust gases. A fifty-five gallon metal drum or wire trash burner or similar vehicle does not qualify as a proper combustion chamber.

(f)    Pollution control authority. The authority shall be comprised of the following members:

(1)   The fire chief of the city.

(2)   The chief of police.

(3)   Any appointee designated by the governing body.

(g)   Refuse. Garbage, rubbish, trade wastes, leaves, salvageable material, agricultural wastes or other wastes.

(h)   Trade wastes. Solid, liquid or gaseous material resulting from construction, or the conduct of any business trade of industry or any demolition operation including but not limited to plastics, cardboard cartons, grease, oil or chemicals.

(Code 1983)

(a)   It shall be unlawful for any person to dispose of refuse by open burning or to cause, allow or permit opening burning within the City, unless such burning is “recreational burning” as defined by city code and is in compliance with all the conditions and requirements of the recreational burning article, Sections 7-4a01:4a05.

(b)   This article shall apply equally to the disposal of trade wastes or any refuse by open burning by commercial facilities as well as residential identities.

(c)   A citation may be issued by a member of the police department, a building inspector or fireman in any situation where such official observes an illegal fire, whether or not a complaint has been received.

(Code 1983; Ord. 2223)

Exceptions to Section 7-402, as provided in this section, shall be made by permit only.

(a)   Open burning shall be permitted only when it can be shown that such open burning is the only feasible method of disposal and that disposal by burning is in the public interest. Any person intending to engage in such open burning shall file a request in writing, in duplicate, and obtain the written approval of the pollution control authority. The application shall state the following:

(1)   The name, address and telephone number of the person submitting the application.

(2)   The type of business or activity involved.

(3)   A description of the proposed equipment and operating practices, the type, quantity and composition and amount of air contaminants to be released to the atmosphere, where known.       .,

(4)   The schedule of burning operations.

(5)   The exact location where the open burning will occur.

(6)   Reasons why open burning is the only feasible method of disposal and why disposal is in the public interest.

(b)   Upon approval of the application by the pollution control authority, the person may proceed with the operation without being in violation of this article, but such approval shall not exempt the applicant from the provisions of any other law, ordinance or regulations.

(c)   Approved burning will only be performed under constant supervision of the applicant or his or her agent.

(Code 1983)

The fee for issuing a burning permit shall be set by the pollution control authority with a fee established by the governing body in its annual fee resolution.

(Code 1983; Code 2016)

(a)   The authority to grant exceptions provided for in this article shall be vested in the pollution control authority of the city, who shall require conformity with section 7-403.

(b)   A permit to burn in the city shall only be issued upon the signature of at least two members of the pollution control authority. The pollution control authority may refuse to grant a permit to burn in any situation where they find it would not be in the public interest to burn.

(Code 1983)

The open burning of tree trunks, tree limbs, vegetation, untreated waste timber or other waste material shall not be a violation of this article when such burning takes place at the site of a disposal area licensed for that purpose pursuant to the laws of the county, and located outside the city limits.

(Code 1983)

This article shall not apply to:

(a)   Fires set in connection with agricultural operations related to the commercial growing or harvesting of crops or for the purpose of clearing brush or trees for agricultural purposes from areas zoned for agriculture.

(b)   Fires set for the purpose of instruction and training of city firemen in the methods of fighting fires

(c)   Fires used for noncommercial preparation of food, such as barbecuing.

(Code 1983; Code 2016)