ORDINANCE NO. 2386
AN ORDINANCE AMENDING SECTION 8.110.020 PROPERTY MAINTENANCE, REPEAL AND REPLACE SECTION 9.20 OPEN BURNING OF TITLE 9, OF THE GARDNER MUNICIPAL CODE.
WHEREAS, said Property Maintenance Code was identified as needing to be revised due to changes in the Johnson County solid waste regulations that prohibit storage containers of greater than 95 gallons.
WHEREAS, said Open Burning regulations did not address the City’s Fire District services.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
Section One: Amend Title 8, Section 110.020 (B), of the Code of the City of Gardner, Kansas, 2008 to read as follows:
8.110.020 SOLID WASTE AND RECYCLING SERVICE AND CONTAINERS.
B. Residential solid waste shall be stored in a container that has been designed and manufactured specifically for storage and collection of solid waste, and shall be leak proof and rain proof. That container shall be closed at all times except when depositing waste therein or removing the contents thereof. Containers shall be of a light weight and sturdy construction and shall not exceed 95 gallons in capacity. The collector will determine combined weight of container and solid waste that is permissible for all customers served by that collector. All solid waste shall be removed from residential properties as often as necessary to prevent health and nuisance conditions, but at least once a week.
No owner or occupant of any residential dwelling unit with individual solid waste service shall place any solid waste, solid waste container or recycling container in front of the building setback line or existing building line upon any real property or public right-of-way in a residential district in the City more than 24 hours in advance of the scheduled collection.
Section Two: Repeal and Replace section to Title 9, Section 9.20 Open Burning, to the Code of the City of Gardner, Kansas, 2008:
9.20 OPEN BURNING
9.20.010 OPEN BURNING PROHIBITED.
No person shall cause or allow open burning to occur within the City, unless otherwise permitted by and in compliance with this Title. The Governing Body of the City of Gardner, Kansas, for good cause shown, does hereby prohibit the burning of all types of refuse, including yard, human or animal waste.
Failure to comply with the requirements of this Section, any requirements of a burning permit issued pursuant to Section 9.20.030, or any oral directives of authorized Johnson County Fire Chief of Fire District No. 1, hereafter referred to as Fire Chief and Fire District No. 1, shall constitute a violation of this Section and is punishable as set forth in Section 9.20.070.
9.20.020 EXEMPTIONS.
Open burning may be conducted in the City in compliance with the following provisions:
A. Burn Permit Required: The Fire Chief and or designee are hereby authorized to issue the following categories of open burning permits to allow open burning as described. Each permit requires a prior site inspection and is subject to the conditions of this chapter, any requirements listed on the permit, and all oral directives of the Fire Chief. Burning is permitted between the hours of sunrise to 5:00pm. No burning is allowed on Sundays or Federal Holidays. Any complaints from residents do to smoke and or odor will result in extinguishment by Fire District No. 1. All burn permits are for one day. The City’s Public Officer will coordinate with the Fire District to ensure that Burn Permits are not issued in conflict with existing City of Gardner actions against a property, by notifying the Fire District of properties that are not allowed to have burn permits issued due to other violations of the Gardner Municipal Code. The Public Officer will also notify Fire District No. 1 of issues they encounter in the course of regular business operations that needs immediate follow up by Fire District No. 1 related to this Section.
1. Residential permit: For open burning of natural land clearance materials with the exception of leaves which is strictly prohibited. Residential open burning must not occur with 50 feet of any structure, vehicle, or combustible material, or within 100 feet of any structure which is not on the same property. Burn only when wind speed is between 5 to 15 M.P.H.
2. Agricultural permit: For open burning of vegetation such as grass, woody species, crop residue and other dry plant growth for agricultural purposes, Agricultural open burning must not occur with 100 feet of the structure and or roadway, and may be subject to additional approvals from the Johnson County Environmental Department and or Fire District No. 1. Burn only when wind speed is between 5 to 15 M.P.H.
3. Commercial permit: For open burning of land clearance materials for commercial purposes. Commercial open burning must not occur within 100 feet of any structure and or roadway and may require the use of an air curtain destructor and/or pit, as determined in the sole discretion of the Fire Chief and or designee. Commercial burns may be subject to additional approvals from the Johnson County Environmental Department and or Fire District No. 1.
4. Recreational permit: For open burning of campfires and other similar small recreational fires made of firewood. Recreational open burning must not occur within 25 feet of any structure, vehicle or combustible material.
B. No Permit Required:
1. Stationary Fire Places, Portable wood-burning units — use of these wood-burning units is allowed in accordance with the following provisions:
a. The stationary fire place, both inside and outside, as well as portable wood-burning unit shall be used to burn only traditional firewood or commercial fire starting products intended for use in such units. It shall not be used to burn trash, refuse, land clearance materials, or similar items.
b. The portable wood-burning unit shall not be located in City right-of-way, sidewalks or streets, and shall be located at least 25 feet from the nearest building or structure which is not on the same property as the portable wood-burning unit.
c. The portable wood-burning unit shall be attended at all times while in use, and shall not cause an unreasonable nuisance or annoyance, or unreasonably interfere with the enjoyment of life or property.
2. Grills and other outdoor cooking appliances — use of a grill or outdoor cooking appliance is allowed in accordance with the following provisions:
a. The grill or outdoor cooking appliance shall be used only to burn items or products intended for use in such units, such as charcoal, wood, propane or natural gas. It shall not be used to burn refuse, land clearance materials, or similar items.
b. The grill or outdoor cooking appliance shall be monitored at all times while in use by a person in reasonable proximity, and shall not cause an unreasonable nuisance or annoyance, or unreasonably interfere with the enjoyment of life or property.
c. The grill or outdoor cooking appliance shall not be used on any decks or balconies in multiple family housing units.
3. Fire suppression training: This chapter does not apply to burns or fires set for the purpose of instruction and training, if conducted under the direction and supervision of Fire District No. 1.
4. Disaster or emergency debris: The burning of debris resulting from a declared disaster or emergency is allowed by City personnel, or their designates on City-owned public property when authorized by the City Council and Fire Chief.
Failure to comply with any of the requirements for exemption shall constitute a violation of this Section, and is punishable as provided in Section 9.20.070.
9.20.30 OPEN BURNING PERMITS; ISSUANCE.
A. Permit Required: Any person desiring to conduct open burning, as exempted pursuant to 9.20.020 (A), must first obtain an open burning permit from Fire District No. 1 and may be subject to paying the applicable permit fee.
B. Authority to Grant Permit: The authority to grant an open burning permit provided for in this Title shall be vested with Fire District No. 1. There shall be no right to appeal the denial of an open burning permit application, or revocation of an existing permit.
C. Information Required: Applicants for open burning permits must provide the name, address and telephone number of the owner of the property upon which the open burning will occur, the name of a person or persons responsible for the open burning, the date and time of open burning, and any other information requested by Fire District No. 1.
D. Site Inspection: Each location that is the subject of an open burning permit application must be inspected by Fire District No. 1 prior to issuance of a permit.
E. Temporary Suspension/Summary Revocation: Any open burning permit issued shall be revocable at any time, and fires may be extinguished without prior notice upon a determination by Fire District No. 1 that such open burning is not being conducted in accordance with the terms and conditions upon which the permit was issued, or represents a hazard to the public’s health, safety or welfare. When weather conditions warrant, the Fire Chief and or designee may temporarily suspend issuing open burning permits and/or may temporarily suspend previously issued open burning permits.
F. Permit Fee: The fees for open burning permits shall be as adopted by ordinance or resolution or as otherwise permitted by Fire District No. 1. All fees are non-refundable in the event a permit is not granted, voided, or revoked.
G. Void Permits: In addition to the penalties in 8.20.030 (G) any violation of this Title, of the Open Burning Permit Section 9.20, or of any oral directive of the Public Officer or the Fire Chief and or designee shall immediately and summarily void any permit issued pursuant to this Section.
9.20.040 PRIMA FACIE EVIDENCE; LIABILITY FOR DAMAGES.
A. In any prosecution charging a violation of this Title, evidence that the defendant named in the complaint was at the time of the violation the owner or otherwise in control of the property on which the burning occurred, shall constitute prima facie evidence that the defendant caused or allowed said open burning.
B. Any person who causes or allows open burning, or who is found guilty of a violation of this Section, shall be responsible for any and all costs or liabilities resulting from said open burning or its effects, including any and all costs incurred by the City as a result of managing, containing, suppressing, extinguishing, or abating any open burning.
9.20.050 RIGHT OF ENTRY AND INSPECTION
The City and or Fire District No. 1 shall have the right to inspect any property at anytime for the purpose of ascertaining compliance with the provisions of this Section.
9.20.060 INJUNCTION AND RESTRAINING ORDER.
The City shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy, including an action to recover costs pursuant to 9.20.040 to compel compliance with this Section. Each day that a violation of this Section exists shall constitute a separate violation.
9.20.070 PENALTY. Whenever any offense is declared by any provision of this title, absent a specific or unique punishment prescribed, the offender shall be punished in accord with this section:
A. A fine of not more than $2,500; or
B. Imprisonment for not more than one year; or
C. Both such fine and imprisonment not to exceed subsections (1) and (2) of this section.
D. Those found guilty of violating any provision of this code may have all licenses and permits issued by the City revoked.
E. Each day that a violation continues is deemed to be a separate offense.
Section Three: This ordinance shall take effect and be in force from and after its passage, approval, and publication as provided by law.
PASSED by the City Council this 5th day of December, 2011.
APPROVED by the Mayor this 5th day of December, 2011.
CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor Attest: Doreen K. Pesek, City Clerk