HomeMy WebLinkAbout1999-06-21-Ordinance 2301_Open BurningORDINANCE NO.2301
AN ORDINANCE AMENDING SECTION 212.2,WAUKEE MUNICIPAL
CODE,BY DELETING SAID SECTION AND PLACING IN LIEU THEREOF
SECTION 212.2 AS REVISED TO EXTENDING OPEN BURNING IN THE
SPRING FROM APRIL 15TH THROUGH MAY 15TH AND IN THE FALL FROM
OCTOBER 15TH THROUGH NOVEMBER 30Tll•
Section 1.Purpose.The purpose of this ordinance is to extend the time for
burning organic debris in the spring and fall.
Section 2.This ordinance shall provide for the deletion of Section 212.2 and
placing in lieu thereof the follow:
§2l2.2 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 for the burning of plant and vegetable matter originating on the premises owned or
leased b(,'such person,between the hours of 7:00 A.M.to 7:00 P.M.,April 15th through
May 1St"excluding Sundays;and between the hours of7:00 A.M.to 7:00 P.M.,October
15th through November so",excluding Sundays,with said fires being extinguished and
not smoldering by the 7:00 P.M.deadline;and except the following:
A.Fire Places and Grills.This ordinance shall not apply to
indoor or outdoor fireplaces 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-I 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.1J2.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
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 senous 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,
1
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:
I.Such person is an authorized city employee
operating under the authority of the city to
conduct such a fire;and lor
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;
andlor I
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.
Section 3.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 4.Severability Clause.If any section,prOVISIOnor part of this
ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect
the validity of the ordinance as a whole or any section,provision,or part thereof not
adjudged invalid or unconstitutional.
Section 5.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 21 st day of J
June,1999.
,1999,and approved this 21 st day of
Attest:
Mark J.Arents n,City Administrator/Clerk
May 17,1999 -Ordinance To Extend Burning in the Spring and Fall.Motion by
Councilman Gruber,seconded by Councilman Peard,to have the City Clerk read the
ordinance for the first time in title only.The Mayor asked for a roll call vote:Ayes:
Gruber,Peard,and Berger.Nays:None.Motion carried 3 to O.
June 7,1999 -Ordinance To Extend Burning in the Spring and Fall.Motion by
Councilman Peard,seconded by Councilman Gruber,to have the City Clerk read the
ordinance for the second time in title only.The Mayor asked for a roll call vote:Ayes:
Peard,Gruber,Berger,Lyon.Nays:None.Motion carried 4 to O.
June 21,1999 -Ordinance To Extend Burning in the Spring and Fall.Motion by
Councilman Lyon,seconded by Councilman Peard,to have the ordinance read for the
third time in title only.The Mayor asked for a roll call vote:Ayes:Lyon,Peard,Heath,
Berger,and Gruber.Nays:None.Motion carried 5 to o.
June 21,1999 -Ordinance No.2301 To Extend Burning in the Spring and Fall.
Motion by Councilman Gruber,seconded by Councilman Lyon,to put the ordinance on
final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Berger,Heath,
and Peard.Nays:None.Motion carried 5 to O.
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