§ 8.12.050. Restrictions on open burning.

No person shall allow, cause or permit open burning of combustible materials, including landscape waste, except that the following shall be permitted subject to a permit being issued by the fire department:

A.

Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition, as declared by the mayor, city manager or fire chief, exists;

B.

Diseased Trees. The open burning of diseased trees. However, when the burning of diseased trees causes a nuisance, appropriate action may be taken to require re-location of the burning operation. Rubber tires shall not be used to ignite diseased trees;

C.

Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is con-ducted in compliance with applicable rules of the Iowa Department of Natural Resources;

D.

Recreational Fires. Open fires for cooking, heating, recreation and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the Iowa Department of Natural Resources, do not require a permit;

E.

Backyard Burning. Backyard burning of residential waste at dwellings of four-family units or less;

F.

Training Fires. Fires set for the purpose of bona fide training of public or industrial employees in firefighting methods, provided that the executive director of the Iowa Department of Natural Resources receives notice in writing at least one week before such action commences;

G.

Limbs and Brush. Brush and limbs without leaves burnt pursuant to the limitations set forth herein and issuance of a permit;

H.

Prairie Grass Burn. Fires set for the purpose of controlling growth of prairie grass areas, provided said burns are under the direction of the Director of the Mahaska County Conservation Commission.

I.

Time Restriction. Open burning, except as set forth in paragraph D above, shall be allowed only during the period between sunrise and sunset and no live embers shall be allowed to remain after sunset.

J.

Permit. A permit to burn approved items may, in the discretion of the fire chief or the chief's designee, be issued with and under the following restrictions:

1.

No burning within two hundred feet of any building located on adjacent property;

2.

No burning within fifty feet of a structure, utilities, sidewalks, streets or alleys;

3.

Burning on lots of one acre or larger;

4.

No leaves may be burned;

5.

A responsible adult identified in the permit application must be present at all times;

6.

The permit is valid for a seven-day period, however the person doing the burning must call the fire department at the time the burning is to commence and receive permission to burn at that time on that day. The fire chief may extend the permit beyond seven days as warranted;

7.

The fee for the permit will be established by resolution of the council;

8.

The city and/or fire department reserve the right to terminate the burning if for any reason it creates a nuisance to neighbors and/or citizens of the general public.

(Ord. 1196 §2, 2005)