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HomeMy WebLinkAboutORD.3718.09-05-2006t' BILL NO. 06-186 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3-10 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING OPEN BURNING RESTRICTIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 3-10 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled to "Open burning restrictions", reading as follows: Sec. 3-10. Open burning restrictions. (a) Refuse burning restrictions. The following restrictions shall apply to the burning of refuse: (1) No person shall dispose of refuse by open burning, or cause, suffer, allow or permit open burning of refuse. (2) In areas where no public or commercial refuse collection service is available on the effective date of this chapter, the open burning of refuse on residential premises, of refuse originating in dwelling units on the same premises, shall not be in violation of this chapter until such refuse collection service becomes available or until three (3) years from the effective date of this chapter, whichever is sooner. (3) Regardless of provisions of subsections (a)(1) and (a)(2) of this section, open burning on residential premises of refuse originating in dwelling units on the same premises shall not be a violation of this section in areas of low population density. The fire chief or his designee, after consultation with public agencies concerned with refuse collection and disposal, shall select and publish the specific boundaries of areas in which such open burning of refuse will not be in violation of this section. In selecting such areas, he shall use a density of one hundred (100) dwelling units or less per square mile as an approximate definition of areas of low population density and he shall give due consideration to the desirability of having restrictive air pollution control regulations within the conterminous area comprising the city area air pollution basin. The fire chief or his designee shall select and publish revised boundaries, as described above, from time to time as population density changes. (4) Any open burning of refuse permitted by subsection (a)(2) or (a)(3) of this section shall be permitted only between the hours of 10:00 a.m. and 4:00 p.m. (b) Prohibition of salvage operations by open burning. No person shall conduct or cause or permit the conduct of a salvage operation by open burning. (c) Restriction on open burning of tree leaves. The open burning of leaves is prohibited except between the hours of 10:00 a.m. and 4:00 p.m. is hereby repealed in its entirety, and a new Section 3-10 relating to "Open burning restrictions", is hereby enacted in lieu, in words and figures, to read as follows: Sec. 3-10. Open burning restrictions. (a) Refuse burning restrictions. The following restrictions shall apply to the burning of refuse: 2 (1) No person shall dispose of refuse by open burning, or cause, suffer, allow or permit open burning of refuse. (2) In areas where no public or commercial refuse collection service is available on the effective date of this chapter, the open burning of refuse on residential premises, of refuse originating in dwelling units on the same premises, shall not be in violation of this chapter until such refuse collection service becomes available or until three (3) years from the effective date of this chapter, whichever is sooner. (3) Regardless of provisions of subsections (a)(1) and (a)(2) of this section, open burning on residential premises of refuse originating in dwelling units on the same premises shall not be a violation of this section in areas of low population density. The fire chief or his designee, after consultation with public agencies concerned with refuse collection and disposal, shall select and publish the specific boundaries of areas in which such open burning of refuse will not be in violation of this section. In selecting such areas, he shall use a density of one hundred (100) dwelling units or less per square mile as an approximate definition of areas of low population density and he shall give due consideration to the desirability of having restrictive air pollution control regulations within the conterminous area comprising the city area air pollution basin. The fire chief or his designee shall select and publish revised boundaries, as described above, from time to time as population density changes. (4) Any open burning of refuse permitted by subsection (a)(2) or (a)(3) of this section shall be permitted only between the hours of 9:00 a.m. and 5:00 p.m. 3 (b) Prohibition of salvage operations by open burning. No person shall conduct or cause or permit the conduct of a salvage operation by open burning. (c) Designation of "no burn" days. The Fire Chief or his designee is hereby authorized to designate individual days as "no burn" days for all open burning within the city. On days designated as "no burn" days, all open burning is prohibited, except cooking fires and any fires specifically permitted by the Fire Chief or his designee. On all other days, open burning shall be allowed, subject to any applicable restrictions contained in the City Code. The designation of "no burn" days shall be subject to the discretion of the Fire Chief or his designee, but shall be based upon one or more of the following criteria: (1) Atmospheric conditions that prevent smoke from rising freely. (2) When excessively dry conditions exist. (3) Sustained winds greater than fifteen (15) miles per hour. (4) Frequent wind gusts greater than twenty-five (25) miles per hour. (d) Restriction on open burning of tree leaves and yard waste. The open burning of leaves and yard waste, as defined in Section 22-26 of the City Code, shall be allowed, but only between the hours of 9:00 a.m. and 5:00 p.m., unless otherwise authorized by the Fire Chief or his designee. (e) Burning in street prohibited. No open burning of any kind shall be allowed in the paved portion of any public street. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 4 ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS �DAY OF 20. l ay B. Knudtson, Mayor Gayle Conrad City gerk 61