07-28-2025 - Agenda Packet City Council - regular meeting

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co c.0 N PUBLIC PROTECTION Division 2. Permit Sec. 5.24.1210. Required. No person shall start or allow any open burn- ing on any property in the city without first having obtained an open burning permit. (Code 2003, § 58-186; Ord. No. 167(2nd series), § 2(9.30(4)), 1-12-1998) Sec. 5.24.1220. Application; fees. (a) Open burning permits shall be obtained by making application on a form prescribed and adopted by the city. (b) An open burning permit may require a nonrefundable application fee. Permit fees shall be set annually by city council resolution. However, the city council may at other times amend its resolution setting the fees as it deems necessary. The fees established by city council resolution shall continue to be the required fee until amended by a resolution. Fees collected shall be retained by the city for administrative costs of issuing permits. (Code 2003, § 58-187; Ord. No. 167(2nd series), § 2(9.30(6)), 1-12-1998) Sec. 5.24.1230. Permit process for open burning. (a) Upon receipt of the completed open burn- ing permit application and permit fee, a city staff person shall determine that the requirements for open burning under this article are satisfied. Thereafter, a permit may be issued. (b) Open burning inspection requirements include an inspection of the initial burn site by city staff before a permit is issued. Reinspection of the site is required before conducting any additional burns within the permit time limits. (c) Notification requirements include notify- ing the police department for any open burn. For small and large brush disposal fires, fire depart- ment training fires, and native prairie restora- § 5.24.1250 tion fires, in addition to notifying the police department, the fire department having jurisdic- tion must also be notified. (Code 2003, § 58-188; Ord. No. 167(2nd series), § 2(9.30(7)), 1-12-1998; Ord. No. 184(3rd series), § 2, 1-9-2017) Sec. 5.24.1240. Denial. (a) If established criteria for the issuance of an open burning permit are not met or, during review of the application, it is determined that a practical alternative method of disposal of the material exists, or a pollution or nuisance condi- tion would result, or if a burn event safety plan cannot be drafted to the satisfaction of city staff, the city staff person may deny the open burning permit application. (b) Applications for an open burning permit within six months of the revocation of a previous permit will be denied. This six-month moratorium will apply to both permits issued to the same applicant or for the same property. (Code 2003, § 58-189; Ord. No. 167(2nd series), § 2(9.30(12)), 1-12-1998) Sec. 5.24.1250. Grounds for issuance. Open burn permits may be issued only for the following purposes: (1) Elimination of fire or health hazard that cannot be abated by other practical means. (2) Ground thawing for utility repair and construction. (3) Disposal of vegetative matter for manag- ing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights -of -way where chipping, composting, landspreading or other alternative methods are not practical. (4) Disposal of diseased trees generated on the site, diseased or infected nursery stock, diseased beehives. (5) Fires for the purpose of fire department training. Fires for training purposes require a permit from the state pollution control agency and the city. (Code 2003, § 58-190; Ord. No. 167(2nd series), § 2(9.30(5)), 1-12-1998; Ord. No. 184(3rd series), § 3, 1-9-2017) CD5:49