[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.