§ 13-5. Obnoxious odors; wind, sparks and embers.

(a)

It shall be a nuisance and unlawful for any person to burn or allow to be burned, at any time or place any materials of any kind which exude obnoxious odors, or when such fire emits excessive smoke, sparks or burning embers upon adjoining, adjacent, neighboring or nearby premises.

(b)

No such burning shall be done at any time or place when wind conditions will create or be apt to create a nuisance to anyone or the property of anyone in the vicinity thereof, or be a danger to the property of any person in the vicinity thereof.

(c)

Any person, firm or corporation who violates this section shall be given a written warning and a $50.00 fine for the first offense if there have been no prior incidents. If, in the judgment of the authorized city official responding to a first offense, a person has displayed gross flaunting of the law, that person shall be fined as a second offense. On the second offense the person, firm, or corporation shall be responsible for a municipal civil infraction with a fine of $250.00, plus costs. On the third offense, or any further offense, the person, firm or corporation shall be responsible for a municipal civil infraction with a fine of $500.00 plus costs and any applicable fee from the fire department. The building inspector, building official, code enforcement officer, all members of the fire department, and all members of the police department are hereby designated as the authorized city officials to issue municipal civil infraction citations and municipal civil infraction violation notices pursuant to this section.

(d)

The responding city official shall make an actual visual inspection of the burn site when feasible. If illegal waste materials are in the burning site, this will be considered an offense.

(Code 1977, § 9.219; Ord. No. 552, § 1, 2-20-96; Ord. No. 581, § 1, 5-3-99; Ord. No. 629, § 1, 6-2-03; Ord. No. 652, § 1, 12-1-03; Ord. No. 658, § 1, 5-3-04; Ord. No. 701, § 1, 8-4-08)