HomeMy WebLinkAbout1995-08-07-Ordinance 2205_Open BurningORDINANCE NO.2205
AN ORDINANCE TO AMEND CHAPTER 212,WAUKEE MUNICIPAL CODE,
RESTRICTION OF OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,
IOWA,BY DELETING CHAPTER 212 AND INSERTING IN LIEU THEREOF REVISED AND
SUBSTITUTED ORDINANCE RESTRICTING OPEN BURNING WITHIN THE CITY LIMITS OF
THE CITY OF WAUKEE,IOWA
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Amendment.Chapter 212,Waukee Municipal Code,Restriction of Open Burning
Within the City Limits of the City of Waukee,Iowa,Chapter 212,is hereby amended by deleting Chapter
212 and inserting in lieu thereof the following:
§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 chinmey or stack.
B.Recreational Fires.Open flames for cooking,heating,recreation and
ceremonies,providing visible emissions
§212.2 Open Bnrning Prohibited.No person shall kindle or maintain any bonfire or
refuse fire,or bum 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 by such person,between the hours of7:00 AM.to 7:00
P.M.,April 24th through May 7th,excluding Sundays;and between the hours of
7:00 A.M.to 7:00 P.M.,October 15th through November 15th,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 fire places or barbecue grills used solely for entertainment
purposes or the preparation offood 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-I.
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:
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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
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 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;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 bum site.
Burning may not take place under any circumstances when the wind is in excess of
15 M.P.R.or any burning bans are in place by the city,county or state.
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§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 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.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or 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 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and
publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 7-1"day of A~
and approved this '7+l day of ~1995.~
~~,
Claire L.Chedester
MAYOR
,1995,
Attested:
Kurt A.Rueckel
City Clerk