Open Burn Ordinance
Open Burnings
Section 10.1.5 Open source fires or open
burnings. Open source
fires or open burnings are prohibited within the city except where specifically
permitted as follows:
A. No person may
kindle, authorize or maintain a rubbish fire or bonfire on public or private
land or on any street or alleyway.
B. The burning of
leaves, trees, logs, brush or stumps is prohibited.
C. Cooking fires
using solid fuel such as charcoal, wood and wood like materials, are prohibited
on balconies or covered patios or within 10 feet of any structure. Gas fired
cooking units such as propane grills are permitted.
D. Use of an
outdoor fireplace equipped with a spark arrester is permitted if it complies
with the following:
1. The outdoor
fireplace must be used in accordance with the manufacturer's recommendations;
2. The fireplace is
not located within 25 feet of any structure; and
3. The fireplace is
maintained in good condition.
E. Barbecues,
outdoor fireplaces, and grills may not be used for the disposal of rubbish,
trash, or combustibles.
F. Burning that is
offensive or objectionable because of smoke or odor emission must be
extinguished immediately. The Fire Department is authorized to order the extinguishment
of illegal open burning or fires and any burning or fires creating a hazard.
G. The use of sky
lanterns is prohibited. For the purposes of this subsection, a sky lantern
means any airborne paper lantern, also known as Kongming Lantern or Chinese
lantern, sky candle, or fire balloon which is constructed from oiled rice paper
on a bamboo frame, and contains a small candle or fuel cell composed of a waxy
flammable material, which when lit, the flame heats up the air inside the
lantern, thus lowering its density and causing the lantern to rise into the
air, or any similar device.
H. The following
fires are approved:
1. Small cooking
fire contained in a vessel designed for that use so long as it complies with
the subsections above.
2. Outdoor fireplaces
that comply with the subsections above.
3. Salamanders or
other devices used for heating construction or other workers so long as no
nuisance is created.
4. Controlled wild
fire burns may be allowed by the Fire Marshall when this action is necessary to
protect rare plants dependent on fire for seed production.
5. Open fire for
recognized ceremonial purpose only may be permitted after obtaining approval
from the Fire Official subject to the following:
a. The fire must be
constantly attended; and
b. A garden hose,
fire extinguisher or other approved fire extinguishing equipment must be
available for immediate use.
6. Small fires used
by municipal firefighters for training purposes.
I. Fees. Persons
who cause the fire department to respond due to a violation of this section are
responsible for the Fire Department's costs and expenses as set forth in Chapter 38 "Emergency Services," Article III
"Recovery of certain emergency response costs," Division 4
"Incidents involving the response of the Fire Department."