The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Garbage means refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products.
Landscape waste means any accumulation of grass or shrubbery cuttings, tree limbs, leaves, and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.
Open burning means the combustion of any matter in the open or in an open dump. The combustion of any matter, except in a closed chamber; for the purpose of this definition, a chamber shall be regarded as enclosed when provided, during the time combustion takes place, with only such apertures, ducts, stacks, flues or chimneys as are necessary to provide combustion air and to permit the escape of exhaust gases.
Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, state agency or any other legal entity, or their legal representative, agent or assigns.
Refuse means any discarded matter, including garbage, or any matter which is to be reduced in volume or otherwise changed in chemical or physical properties in order to facilitate its discard, removal or disposal.
(1) With the exception of landscape waste, no person shall cause or allow open burning except as provided in subsection (c) of this section. The burning of refuse, including garbage, is prohibited by this code without any exceptions.
(2) Allowed burning shall be between the hours of 6:00 a.m. and 6:00 p.m., and the fire shall be completely extinguished by 6:00 p.m.
(3) The fire shall be attended at all times by a competent person of at least 16 years of age;
(4) There shall be fire extinguishing equipment and a water supply at the burning site sufficient to completely extinguish the fire in a reasonable period of time. The extinguishing agent must be capable of causing the fire to immediately start to go out upon application of such agent;
(5) Water hoses shall be equipped with nozzles, and the hose shall be maintained charged during the period of such burning;
(6) Such fire shall be limited in size to an area of no more than 24 feet in diameter and shall not exceed six feet in height.
(7) No person shall cause or allow the burning of refuse in any open chamber or apparatus (barrel). An enclosed chamber or apparatus (incinerator) must be designed for the purpose of disposing of the class of refuse being burned.
(8) Such open burning shall be allowed only on the premises on which such landscape waste is generated;
(9) No person shall cause, build or light any fire so close to any building or structure as to endanger such building or structure, or on any public street, alley or sidewalk pavement. The location of the open burning site shall be at least 50 feet from any building or any other structure, including fences, etc.;
(c) Exemptions from prohibition.
The following activities are not in violation of this article:
(1) Fires set to combat existing fires. The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official;
(2) Campfire, recreational and cooking fuels. The burning of fuels for legitimate campfire, recreational and cooking purposes or in domestic fireplaces, in areas where such burning is consistent with other laws; provided that no garbage shall be burned in such cases;
(3) Burning waste gases. The burning of waste gases, provided that in the cases of refineries all such flares shall be equipped with smokeless tips or comparable devices to reduce pollution;
(4) Flames for heating tar, etc. Small open flames for heating tar, for welding, acetylene torches, highway safety flares and the like;
(5) Open burn orders permit from EPA or Missouri Department of Natural Resources (DNR). Open burning conducted in accordance with a permit granted by the Environmental Protection Agency or the Department of Natural Resources of the state.
(d) The fire chief, or his designee, has the authority to implement burn bans if determined that weather conditions or operational practices make such open burning dangerous to life or property. In the event that a burn ban is implemented, then no burning shall be allowed, until such time as the burn ban shall be lifted. Notice of burn bans shall be released to local media. It shall not be a defense to an alleged violation of a burn ban that the defendant was not aware of the ban.
(Code 1988, § 12-76.1; Ord. No. 3609, § 2, 12-1-1987; Ord. No. 4553, § 1, 12-21-2010)