ORDINANCE NO. 100900

 

Amending Chapter 26, Code of Ordinances, by repealing Section 26-307, Open Burning, and enacting in lieu thereof one new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 26, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 26-307, Open Burning, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 26-307.  Open burning.

 

Sec. 26-307.1. Bonfire; Rubbish burning.   

 

(1)    It shall be unlawful for any person, firm, corporation, partnership, association, organization or governmental agency, properly regulated by the City to burn or cause to be burned any bonfire, nor shall any such person or entity dispose of rubbish by open burning, or cause, allow or permit open burning of rubbish.

 

(2)    Exceptions to Subsection (1) of this section above:

 

a.    Permissible if an open burning permit has been issued pursuant to section 26-105.

 

b.    Warming barrels shall be permitted during daylight at a construction or demolition site, provided each sit shall be limited to two barrels, not exceed 55 gallons, and further provided that no warming barrel shall be used when the local temperature is 50 degrees Fahrenheit or above. Material which emits excessive smoke or noxious fumes is prohibited from use in warming barrels.

 

c.    Fires used for recreational purposes, or fires used for the noncommercial preparation of food such as a barbecuing, shall be in accordance with section 26-307

 

d.    Fires used for training if granted joint approval of the Chief and the Director of Health.

 

e.    The Chief may prohibit issuance of any or all burning permits, or suspend previously issued permits, when atmospheric conditions or circumstances may render such fires hazardous.

 

Sec. 26-307.1.2. Incendiary.  It shall be unlawful for any person, firm, corporation, partnership, association, organization or governmental agency properly regulated by the City to deliberately, maliciously or negligently kindle or cause to be kindled a fire upon his/her property or the property of another for the purpose of fraud, spite, revenge, vandalism, or for any reason that may endanger public health safety or cause loss of life or property, or endanger the personnel assigned to respond. 

 

Sec. 26-307.1.3. Notification.  Prior to commencement of open burning the Fire Department shall be notified of the location and expected time such burning may take place. 

 

Sec. 26-307.1.4. Portable fire extinguishers.  Portable fire extinguishers shall be made readily available in the near vicinity to barbecue pits in accordance with UFC Standard section 10-1. 

 

Sec. 26-307.1.5. Discontinuance.  The Chief is authorized to require that recreational fires shall be immediately discontinued if such fires are determined by the Chief to constitute a hazardous condition. 

 

Sec. 26-307.2.1. Attendance.  Recreational fires shall be constantly attended by a person knowledgeable in the use of fire extinguishing equipment required by this section. An attendant shall supervise a recreational fire until such fire has been extinguished. 

 

Sec. 26-307.2.2. Fire extinguishing equipment.  Buckets, shovels or garden hoses shall be readily available for use at recreational fires. 

 

Sec. 26-307.2.3. Government Exemption.  Any agency of the Federal Government or the State of Missouri, or of a political subdivision of Missouri, shall not be required to obtain the open burning permit required pursuant to section 26-105, if the agency provides the Chief with written notice of the date, location and manner of the open burning at least ten calendar days prior to such burning. 

 

Sec. 26-307.5. Freestanding cooking device.  It shall be unlawful to use, store or maintain a freestanding cooking device on the balcony, deck or patio of a multifamily dwelling containing more than four units unless: (1) such device uses only natural gas supplied by a fixed pipe; or, (2) such device is at a distance that is not less than ten (10') feet from the structure of the multifamily dwelling and uses only natural gas, charcoal, wood or liquid propane.

 

Sec. 26-307.5.1. Recreational fire device.  It shall be unlawful to use, store or maintain a recreational fire device, such as a chiminea, patio fireplace, patio heater or similar device, on the balcony, deck or patio of a multifamily dwelling containing more than four units unless: (1) such device uses only natural gas supplied by a fixed pipe; or, (2) such device is at a distance that is not less than ten (10') feet from the structure of the multifamily dwelling and uses only natural gas, charcoal, wood or liquid propane.

 

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Approved as to form and legality:

 

 

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Alan Holtkamp

Assistant City Attorney