§ 42-32. Exceptions.

(a)

Open burning is permitted upon applying to the fire chief for a permit, paying the $20.00 permit fee and securing such permit by meeting the following conditions:

(1)

No practical alternative exists for the disposal of the material to be burned;

(2)

No hazardous condition will be created by such burning;

(3)

No salvage operation by open burning will be conducted;

(4)

No leaves will be burned in those areas where leaf collection is provided by the city;

(5)

No excessive smoke will be created; and

(6)

Property and the health, safety, and comfort of persons are protected from the effects of such burning.

(b)

Open burning may be done without a permit as follows:

(1)

Open fires may be set in the performance of an official duty of any public officer for the protection of the public safety and health;

(2)

Open fires may be set where permitted for the cooking of food, or for recreational purposes, provided no smoke violation or other nuisance is created; and

(3)

Fires may be set in connection with agricultural operations provided no nuisance is created.

(Code 1982, § 9-102(2))