(a)

The open air burning of refuse for the purpose of volume reduction, elimination or product recovery by any person, firm, corporation, association, or public agency is prohibited except for the following exceptions:

(1)

Vegetation, trees, stumps, and brush grown on the premises of a new commercial or residential construction site, provided that all of the following conditions are met and approval to conduct such burning is received and approved as a special activity permit:

a.

There is no practical alternate method for the disposal of the material to be burned.

b.

Such burning will not include treated lumber, roofing material, or other hazardous materials.

c.

The materials will be burned in a ten-foot wide by 20-foot long by ten-foot deep pit.

d.

Fire personnel with a water source will be on the scene to supervise the entire burning operation. Coordination for this service is the sole responsibility of the property owner.

e.

Such burning will not be conducted on less than a half-acre (21,780 square feet) parcel.

f.

Such burning will not be conducted for salvage purposes.

g.

Such burning shall not endanger utility service.

h.

The health, safety, comfort and property of persons are protected from the effects of such burning.

(2)

Fires set for the purpose of bona fide instruction and training of public and industrial employees and members of volunteer fire departments in the methods of fighting fires, provided that approval to conduct such burning is received and approved as a special activity permit.

(3)

Open burning of construction and demolition wastes, provided that all of the following conditions are met and approval to conduct such burning is received and approved as a special activity permit:

a.

There is no practical alternate method for the disposal of the material to be burned.

b.

Such burning will not include treated lumber, roofing material, or other hazardous materials.

c.

The materials will be burned in a ten-foot wide by 20-foot long by ten-foot deep pit.

d.

Fire personnel with a water source will be on the scene to supervise the entire burning operation. Coordination for this service is the sole responsibility of the property owner.

e.

Such burning will not be conducted on less than a half-acre (21,780 square feet) parcel.

f.

Such burning will not be conducted for salvage purposes.

g.

Such burning shall not endanger utility service.

h.

The health, safety, comfort and property of persons are protected from the effects of such burning.

(b)

A signed copy of the approved special activity permit must be displayed at the scene of the burning operation.

(c)

The fire chief, police chief or their authorized representatives are hereby empowered to enforce the provisions of this article. Such enforcement shall include the right to make entry upon any premises in a reasonable manner within the city to investigate complaints or information received of prohibited open burning activity. Should any open burning be found to be in violation of this article, the responsible party shall be ordered to immediately extinguish such burning in the presence of the fire chief, police chief or their authorized representative.

(d)

During the forest fire season, (October 1 through December 31 and March 1 through May 31) open outdoor burning is allowed only between the hours of 4:00 p.m. and 8:00 p.m. During those months not listed as forest fire season, (January 1 to February 28 and June 1 through September 30) open outdoor burning is allowed only between the hours of 7:00 a.m. and 8:00 p.m.

(e)

Except as may herein be expressly provided, any person violating any provisions under this article of this chapter shall, upon conviction thereof, be fined not less than $50.00 nor more than $100.00, or imprisoned in the county jail not more than 30 days or both fined and imprisoned, and each day or part thereof that any violation shall continue shall be deemed to constitute a distinct and separate offense and be punishable accordingly.