§ 58-214. Land clearing.

(a)

Open burning of wooden material or vegetation generated by a land clearing operation (except for agricultural, silvicultural, or forestry operations) or the demolition of a structure is allowed provided one of the following alternatives is satisfied:

(1)

The open burning is 50 yards or more from any occupied building or public highway and is performed between 9:00 a.m. (standard time) and one hour before sunset;

(2)

At other times when:

a.

The open burning is 50 yards or more from any occupied building or public highway and a forced draft system is used; or

b.

The open burning is 500 yards or more from any occupied building or public highway.

(b)

Permit required.

(1)

The applicant shall apply to the fire chief, or his authorized representative, of the fire control district wherein the open burning will take place and the fire chief or his authorized representative shall be responsible to issue and deny permission to burn.

(2)

The fire chief, or his representative, if permission to burn is granted, shall issue a written permit which shall be kept at the burn site by the applicant and shall be presented upon demand by law enforcement or fire personnel.

(3)

The permit may be revoked for failure to comply with the provisions of this section, or, if so determined by the fire chief or his authorized representative, the open burn is creating a public nuisance due to smoke, flying ash, air traffic or road traffic hazard.

(4)

The division of forestry and the fire control district affected shall be notified each day before the open burn is started.

(5)

The application for approval shall contain:

a.

The name, address, and telephone number of the applicant;

b.

The exact location of the requested open burning;

c.

Name of the person in charge of the open burn.

(6)

A reasonable fee may be imposed by the issuing fire department or fire control district as necessary to pay for the administrative expense associated with the preparation and issuance of the permit.

(Ord. No. 76-18, § 7, 9-21-76; Ord. No. 80-10, § 1, 3-18-80)