[Ord. No. 962 §1, 4-6-2000]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this Article shall be as follows:
INCINERATOR
Any article, machine, equipment, contrivance, structure or
part of a structure used to burn refuse or to process refuse material
by burning other than by open burning as defined herein.
OPEN BURNING
The burning of any materials wherein air contaminants resulting
from combustion are emitted directly into the ambient air without
passage through a stack or chimney from an enclosed chamber. For the
purposes of this definition, a chamber shall be regarded as enclosed
when, during the time combustion takes place, only such apertures,
ducts, stacks, flues or chimneys as are necessary to provide combustion
air and to permit the escape of exhaust gases are open.
REFUSE
Garbage, rubbish, trade wastes, salvageable material, agricultural
wastes or other wastes.
TRADE WASTES
Solid, liquid or gaseous materials resulting from construction
or the prosecution of any business, trade or industry or any demolition
operation including, but not limited to, plastics, cardboard cartons,
grease, oil, chemicals or cinders.
[Ord. No. 962 §2, 4-6-2000]
A. It
shall be unlawful for any person to conduct, cause, permit or allow
open burning of brush, leaves, grass or any other refuse, rubbish
or other substance whatever within the City limits of the City of
Mound City.
B. It
shall be unlawful for any person to conduct, permit, cause or allow
the disposal of trade waste by open burning.
[Ord. No. 962 §3, 4-6-2000]
A. The
open burning of trade wastes may be permitted only when it can be
shown that such open burning is the only feasible method of disposal
and that disposal is in the public interest. Any person intending
to engage in such open burning shall file a request to do so with
the Mayor. 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 burning method and material to be burned.
4. The schedule of burning operations.
5. The exact location where open burning will occur.
6. The reasons why open burning is the only feasible method of disposal
and why disposal is in the public interest.
B. The
open burning of tree trunks, tree limbs or vegetation shall not be
a violation of this Article when such open burning takes place at
the site of the disposal area for the aforesaid yard wastes established
by the City.
C. Open
burning restrictions shall not apply to the following:
1. Fires set in connection with agricultural operations related to the
growing or harvesting of crops or garden vegetables. For the purpose
of this Article, botanical nursery operations shall not be considered
as agricultural operations.
2. Fireplaces located wholly within a residence, properly supervised
fires set for recreational or ceremonial purposes or fires used for
the non-commercial preparation of food, such as barbecuing.
3. Fires set for the purpose of instructing and training firefighters
in the methods of fighting fires.
4. Open burning of tree trunks, tree limbs and vegetation from land
clearing operations when such burning takes place at a distance equal
to or greater than two hundred (200) yards from the nearest inhabited
dwelling.
D. Burning
of refuse on residential premises having four (4) or more dwelling
units and burning of refuse resulting from commercial or industrial
activity shall be permitted following application to and approval
of the incinerator by the Executive Secretary of the Missouri Air
Conservation Commission as required by Regulations S-IV of the Missouri
Air Conservation Commission. It shall be unlawful for any person to
violate the provision of Sections 643.010 through 643.180, RSMo. Also,
any violation of the Missouri Air Conservation law shall be deemed
a separate violation of this Article.
E. Burning
of residential yard wastes consisting of grass, leaves and brush shall
be permitted provided the burning is conducted as follows:
1. On the premises on which the waste originated and during the hours
of 8:00 A.M. to 9:00 P.M. an any given day, seven (7) days a week,
unless otherwise limited herein.
2. All fires must be at least twenty (20) feet away from any building
or structure. At no time shall a fire be located on or within three
(3) feet of any City street, alley, public rights-of-way, avenue,
highway, paving, curbing or guttering.
3. Open burning of yard wastes must be constantly attended by a person
capable of containing a fire, should containment become necessary,
until such fire is extinguished. Such person shall have a garden hose
connected to the water supply or other force extinguishing equipment
readily available for use.
4. If the safety of the community or the public may be endangered, the
Mayor may invoke a temporary burning ban.
5. If climatological conditions indicate open burning may create a health
hazard or endanger persons or property, the Mayor may invoke a temporary
burning ban.