No person shall allow, cause or permit within the City the open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack. This prohibition shall include, but not be limited to, the kindling of or maintaining any bonfire or refuse fire, burning inorganic material or any paper or similar combustible debris, including plants, leaves or vegetable matter, or authorizing any such fire to be kindled or maintained on any private land within the boundaries of the City except that open burning is permitted in the following circumstances:
1. Grills. Barbecue grills used solely for the preparation of food for human consumption.
2. Recreational Fires. A fire is deemed a recreational fire when all of the following conditions are met:
A. The fire must be used for cooking, heating, recreation or ceremonies.
B. The fire must be contained within a fire ring or a device sold commercially for the specific purpose of containing a recreational fire.
C. Fuel for a recreational fire shall consist of wood only. Treated or green wood shall not be considered fuel for recreational fire.
D. Fuel within the acceptable fire ring shall not set higher than three (3) feet above the base of the fire.
E. Recreational fires shall not be used for disposal of yard waste, leaves and/or twigs.
F. No recreational fire shall be allowed on any street, sidewalk, alley, City right-of-way or public property.
G. Fire extinguishing equipment shall be readily accessible.
A fire ring is a continuous ring made of stone, brick, rock, metal or other non-combustible material not more than five (5) feet in diameter, which is designed to contain a recreational fire and impede the spread of fire beyond the ring.
3. Bonfires. A bonfire is any fire that does not meet the definition and requirements of a recreational fire. A person may kindle or maintain a bonfire or authorize such fire to be kindled or maintained, if such person first obtains a permit and authorization from an Authorized Fire Department or Law Enforcement Personnel, and the following conditions are met:
A. Such person is an authorized City employee operating under the authority of the City to conduct such a fire.
B. The purpose of the fire is the instruction of public employees in the methods of firefighting.
C. The purpose of the fire is for public gatherings under legitimate sponsorship of civic, fraternal, religious, education or similar organization.
D. Only organic materials are used, proper safety precautions are used, and the fire is well controlled.
4. Emergency Events. This section shall not apply during times declared as emergency situations by the Mayor. Such emergency situations may include (but are not limited to) times when extraordinary weather events cause excessive amounts of yard waste.
5. Control of Fire. All fires permitted under this section shall be attended at all times and controlled by a competent person until such fire is entirely extinguished. No fire permitted under this section shall be started within ten (10) feet of any combustible wall, fence, building or structure.
6. Burn Bans. All fires permitted under this section shall be prohibited during State, County or local burn bans.
7. Authority to Extinguish. The City of Prairie City through its Authorized Fire Department or Law Enforcement Personnel is authorized to order the immediate extinguishing of any burning occurring within the City that is deemed by City Officials to violate this chapter. Failure to extinguish shall be a violation of this Chapter.
8. Penalty. A violation of this Chapter will be filed with the appropriate district court in and for the State of Iowa as a simple misdemeanor and, upon conviction, be subject to a fine of not more than six hundred twenty-five dollars ($625.00) or imprisonment not to exceed thirty days, or as a civil municipal infraction.
(Sections 155.03 -155.11 - Ord. 363 - Nov. 18 Supp.)
