§ 93.04. LEAF BURNING; AIR POLLUTION.

(A) For the purpose of this section, "NUISANCE" and "AIR POLLUTION PROBLEM" shall mean a fire creating dense smoke, noxious odor, or extended smoldering so as to be offensive to the neighborhood generally as determined by the City Fire Department, City Police Department, or City Building Inspector.

(B) The burning of leaves shall be permitted between October l and November 30 of each year. Any burning shall be restricted by the following limitations:

(1) Residential burning. The burning of leaves shall be permitted where residences contain four or fewer units. Such burning is prohibited in apartment complexes and trailer parks.

(2) Burning by municipal departments. Departments of the city are permitted to burn leaves. The burning shall take place on city owned property and be no less than 500 feet from any privately owned residence. The burning site shall be inspected by the City Fire Department prior to commencement of burning and the Fire Department shall be notified in advance of the dates and time burning is to take place.

(3) Residential burning shall be in a noncombustible container with enclosed sides, a bottom, and a mesh covering with openings no larger than l/4-inch square. Burning is prohibited in apartment complexes and mobile home parks.

(4) There shall be no residential or municipal burning on public streets or alleys.

(5) Only leaves shall be burned.

(6) Residential and municipal fires shall be attended at all times by a responsible adult in close proximity until completely extinguished.

(7) If residential or municipal fires create an air pollution problem, a nuisance, or a fire hazard, they shall be extinguished.

(8) All residential and municipal burning shall occur during daylight hours during which the fires may be replenished, but only in such a manner that nearly all of the burning material is consumed by sunset, at which time all fires must be extinguished.

(9) No residential or municipal burning shall be conducted during unfavorable meteorological conditions such as temperature inversions, high winds, air stagnation, and the like.

(10) Noncombustible container. Any question regarding the sufficiency of a noncombustible container as referred to in division (B)(3) above shall be referred to the office of the City Building Inspector who shall, within 24 hours of receiving the question, inspect the subject container and render his opinion to the parties involved.

(11) Unfavorable meteorological conditions shall be determined and declared by the National Weather Service, State Air Pollution Control Board, or the United States Environmental Protection Agency.

(12) Fire hazard, shall be determined to exist by a physical inspection of the fire in question by the City Fire Department, City Police Department or City Building Inspector.

('80 Code, § 9-4) (Am. Ord. 2431, passed 12-7-81) Penalty, see § 93.99