This article is intended to promote and safeguard the health, comfort, living conditions, safety and welfare of the citizens of Cherryvale, by regulating the air pollution and fire hazards of open burning and outdoor burning.
(Ord. 09-4574; Code 2014)
This article applies to all outdoor burning and open burning within the city of Cherryvale.
(a) This article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in approved cooking or grilling appliances.
(b) This article does not apply to the use of propane, acetylene, natural gas, gasoline, kerosene or other approved devices intended for heating, construction or maintenance activities.
(c) An approved device is either a device that has been approved by “Underwriters Laboratories” (UL) or the Fire Chief or his designee.
(Ord. 09-4574; Code 2014)
Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
(Ord. 09-4574; Code 2014)
(a) “Campfire” means a small outdoor fire intended for recreation or cooking but does not include a fire intended for disposal of waste wood or refuse.
(b) “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
(c) “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, or demolition operations on a house, commercial or industrial building, or other structure.
(d) “Fire Chief” means the Chief of the City of Cherryvale Fire Department or other person designated by the Fire Chief.
(e) “Outdoor burning” means open burning or burning in a patio wood burning unit.
(f) “Open burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
(g) “Patio wood-burning unit” means a chimney, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
(h) “Refuse” means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
(Ord. 09-4574; Code 2014)
Open burning and outdoor burning are prohibited in the city of Cherryvale unless the burning is specifically permitted by this article.
(Ord. 09-4574; Code 2014)
(a) Open burning of refuse from a commercial or industrial establishment is prohibited.
(b) Open burning of refuse from and at a one or two family dwelling is allowed if all of the following conditions are met:
(1) The burning does not create a nuisance (e.g., no materials shall be burned that create a foul or offensive odor or cause smoke emissions that are reasonably offensive to occupants of surrounding property)
(c) Open burning of any material is prohibited, except the following:
(1) Grass clippings
(2) Leaves
(3) “Clean” wood
(4) Limbs and other tree debris.
(5) Any other material burned by authorization of the Fire Chief or his designee (no burning will be allowed that is prohibited by KDHE)
(d) Open burning of trees, logs, brush, stumps, leaves, and grass clippings is allowed only in accordance with all of the following provisions:
(1) Prior to initiating any burning, the party initiating each burn shall notify the Cherryvale Fire Department dispatcher of the location of the burning site, the proposed time of burn, and the nature of the materials to be burned. Initiating a burn prior to notification of the Fire Department shall be deemed a violation of this article.
(2) The Fire Chief or his or her designee shall authorize or prohibit open and outside burning on a day-to-day basis, based on current or expected weather conditions.
(3) All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways or railroads. Open burning shall be conducted in conformance with all local and state fire protection regulations, specifically KAR 28-19-645, 28-19-646, 28-19-647, 28-19-648.
(4) Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed, provided they do not cause a nuisance.
(5) Open burning under this section shall only be conducted at a location at least 25 feet from the nearest building which is not on the same property.
(6) Except for campfires, or patio burners, open burning shall only be conducted from sunrise to sunset, unless otherwise authorized by the Fire Chief.
(7) Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person conducting the open burn shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
(8) No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or body of water.
(9) Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
(10) No open burning may be conducted on days when the National Weather Service office has issued a “red flag warning” for the city of Cherryvale.
(Ord. 09-4574; Code 2014)
A patio wood-burning unit may be installed and used in the city of Cherryvale only in accordance with all of the following provisions:
(a) The patio wood-burning unit shall not be used to burn refuse.
(b) The patio wood-burning unit shall burn only clean wood.
(c) The patio wood-burning unit shall be located at least 15 feet from the nearest structure which is not on the same property as the patio wood-burning unit.
(d) The patio wood-burning unit shall not cause a nuisance to neighbors.
(Ord. 09-4574; Code 2014)
Except for barbecue, gas, and charcoal grills, no burning shall be undertaken during periods when the County Commissioners of Montgomery County or the Cherryvale Fire Department has issued a burning ban applicable to the area.
(Ord. 09-4574; Code 2014)
A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
(Ord. 09-4574; Code 2014)
The Fire Chief or any authorized officer, agent, employee or representative of the City of Cherryvale may inspect any property for the purpose of ascertaining compliance with the provisions of this article.
(Ord. 09-4574; Code 2014)