HomeMy WebLinkAbout1982-06-08-Ordinance 2010_Open BurningORDINANCE No.2010
AN ORDINANCE PROHIBITING 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.THERE SHALL BE ADDED TO THE WAUKEE
MUNICIPAL CODE,CHAPTER 212 as follows:
section 2.Definition of Terms.
A.Chimney or Stack.Any flue,conduit,
or duct permitting the discharge or
passage of air contaminants into the
open air,or constructed or arranged
for this purpose.
B.Open Burning.Any burning of combusti-
ble materials wherein the products of
combustion are emitted into the open
air without passing through a chimney
or stack.
C.Recreational Fires.Open fires for
cooking,heating,recreation and cere-
monies,providing visible emissions.
No person shall allow cause or permit
the emission of visible air contamin-
ates of a density or shade equal to or
darker than des ignated as No.2 on the
Ringelmann Chart or 40%opacity into
the atmosphere from any equipment,
internal combustine engine,premise,
fire,open fire or stack.
Section 3.Open Burning.No person shall allow,
cause,or permit open burning of any material within the
limits of the City of Waukee,Iowa,except for plant and
vegetable matter originating on the premises owned or
leased by such person,except for burning of paper resi-
dential waste at dwellings of 4-family units or less,and
except for recreational fires as defined herein.
Section 4.penalty.,Any person,firm or corpor-
ation violating any provlsions 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,or imprisonment not exceeding thirty days.Each
day upon which such violation occurs after notice shall
constitute a separate violation.
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Any condition which fails to comply with the health
standards set forth in the aforementioned rules may be
declared a niusance by the health officer or by council
resolution and may be abated in the manner set by ordi-
nance for health nuisances.
Section 5.Severability.If any section,provi-
sion,or part of this ordinance shall be adjudged to be
inval id or unconsti tutional,such adj ud ication shall not
affect the validity of the ordinance as a whole or any
section,provision or part thereof not adjudged invalid or
unconstitutional.
Section 6.Effective date.This ordinance shall
be in effect after its final passage,approval,and publi-
cation as required by law.
Passed by the Council the 8th day of June,1982,and
Approved this 8th day of June,1982.
Attest: