HomeMy WebLinkAbout2021-06-30-2121
RESTRICTION OF OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF
WAUKEE, IOWA.
§212.1 Definition of Terms.
A. Open Burning. Any burning of combustible materials wherein the products of
combustion are emitted into the open air without passing through a chimney
or stack.
B. Recreational Fires. Open flames for cooking, heating, recreation and
ceremonies, providing visible emissions
§212.2 Open Burning Prohibited. No person shall kindle or maintain any bonfire
or refuse fire, or burn inorganic material, any paper or similar combustible debris, including plants,
leaves or vegetable matter, or authorize any such fire to be kindled or maintained on any private land
within the boundaries of the City of Waukee, except the following:
December 4th, 2000, Ord. No. 2335
(prohibiting burning of any kind without permit) January 6, 2003, Ordinance 2395
A. Fire Places and Grills. This ordinance shall not apply to indoor or outdoor
fire places or barbecue grills used solely for entertainment purposes or the
preparation of food for human consumption.
B. Organic Fire in Agricultural Areas. This ordinance shall not apply to
organic fires in agricultural areas zoned A-1 as long as there are no fires
within 1,000 feet of any land zoned other than A-1.
C. Variance. Open burning of materials not exempted herein upon application
to and a variance granted by the City Administrator, after consultation with
the Fire Chief of the City of Waukee. Each application for a variance shall
contain the following:
1. The name, address and telephone number of the person submitting the
application or, if such person is a legal entity, the name and address of
the individual authorized to accept service or process on its behalf
and the name of the person in charge of the premises where such open
burning is to be conducted.
2. The type of business or activity involved.
3. The nature of the materials to be burned in the open including the
type, quantity, and method of ignition and estimate of the time
2
required to complete the open burning is to be conducted.
4. The exact location of the proposed open burning site.
5. The reason(s) for considering that compliance with the prohibition of
open burning will produce serious hardship without equal or greater
benefits to the public, and the reason why no other reasonable method
or disposal can be used without resulting in a hazard to health or
property.
6. The signature of the person making the application, following the
affirmation that all statements are true and correct.
D. Bonfires. A person may kindle or maintain a bonfire or authorize such fire to
be kindled or maintained, if such person firsts obtains a permit or the
authorization from the Fire Chief of the City of Waukee, or his authorized
agent, if the following conditions are met:
1. Such person is an authorized city employee operating under the
authority of the city to conduct such a fire; and /or
2. The purpose of the fire is the instruction of public employees in the
methods of fire fighting; and/or
3. The purpose of the fire is to instruct employees in the methods of fire
fighting on private property used for industrial purpose; and/or
4. The purpose of the fire is for public gatherings under legitimate
sponsorship of civil, fraternal, religious, education, or similar
organization.
5. Only organic materials are used, proper safety precautions are used,
and the fire is well controlled.
§212.3 Conditions. Any permit granted above requires that a reliable water supply,
under pressure, must be available by hose line within 20 feet of the burn site. Burning may not take
place under any circumstances when the wind is in excess of 15 M.P.H. or any burning bans are in
place by the city, county or state.
§212.4 Control of Fire. All fires permitted under this ordinance shall be constantly
attended and controlled by a competent person or persons until such fire is entirely extinguished and
no such fire shall be started within thirty (30) feet of any combustible wall, fence, building, or
structure.
§212.5 Penalty. Any person, firm, corporation violating any provisions of this
3
ordinance shall be guilty of a simple misdemeanor and upon conviction thereof, shall be punished by
a fine not exceeding one hundred dollars ($100), or imprisonment not exceeding thirty days. Each
day upon which such violation occurs after a notice shall constitute a separate violation.
§212.6 Nuisance. Any fire or condition which fails to comply with the health
standards set forth in the aforementioned rules may be declared a nuisance by the health officer or by
a council resolution and may be ordered to be abated in the manner set by ordinance for health
nuisances.
August 7, 1995 – Ordinance No. 2205