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
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.
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
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
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
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.
Approved as to form and legality:
Assistant City Attorney