(a)   Open Burning Prohibited. It shall be unlawful for any person to dispose of refuse or trade wastes by open burning or to cause, allow or permit open burning within the city.

(1)   Refuse is classified as garbage, rubbish, leaves, salvageable material, agricultural wastes or other wastes.

(2)   Trade wastes are classified as solid, liquid or gaseous material resulting from construction, the conduct of any business trade or industry or any demolition operation including but not limited to plastics, cardboard cartons, grease, oil or chemicals.

(b)   Citations. A citation may be issued by a member of the police department or firefighter in any situation where such official observes an illegal fire, whether or not a complaint has been received.

(c)   Exception. Exceptions can be allowed by official permit only. Open burning shall be permitted only when it can be shown that such open burning is the only feasible method of disposal and that disposal by burning is in the public interest. Any person intending to engage in such open burning shall file a request in writing, in duplicate, and obtain the written approval of the fire chief. The application shall state the following:

(1)   The name, address and telephone number of the person submitting the application.

(2)   The type of business or activity involved.

(3)   A description of the proposed equipment and operating practices, the type, quantity and composition and amount of air contaminants to be released to the atmosphere, where known.

(4)   The schedule of burning operations.

(5)   The exact location where the open burning will occur.

(6)   Reasons why open burning is the only feasible method of disposal and why disposal is in the public interest.

(7)   Upon approval of the application by the fire chief, the person may proceed with the operation without being in violation of this article, but such approval shall not exempt the applicant from the provisions of any other law, ordinance or regulations.

(8)   Approved burning will only be performed under constant supervision of the applicant or his or her agent.

(d)   Licensed Disposal Areas. The open burning of tree trunks, tree limbs, vegetation, untreated waste timber or other burnable waste materials shall not be a violation of this article when the burning takes place at the Goessel burnsite, which is licensed by the State of Kansas; and when the city maintenance department or the fire department supervises the burning.

(e)   Exemptions.

(1)   This article does not forbid the fire department to set fires for the purpose of training firefighters.

(2)   This article does not forbid igniting fires for noncommercial preparation of food, such as barbecuing.

(3)   This article does not forbid campfires in designated camp or picnic areas.

(Ord. 114, Secs. 1:5)

It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard.

(Code 2000)

It shall be unlawful for any person to deposit, stack or store any hay or straw within 500 feet of any building located inside the fire limits of the city.

(Code 2000)

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or bins having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 2000)

It shall be unlawful to store ashes inside of any non-fireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials.

(Code 2000)

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(Code 2000)

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spreading of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful.

(Code 2000)

It shall be the duty of the fire chief to inspect or cause to be inspected by fire department officers or members, as often as may be necessary all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels and rooming houses have sufficient and unobstructed facilities for escape therefrom in case of fire.

(Code 2000)

Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.

(Code 2000)

Any order made under section 7-112 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post-office address. One notice to- either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and/or occupant.

(Code 2000)