2138ORDINANCE NO. 2138
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING SECTION 4 -302 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA, TO ALLOW LIMITED OPEN BURNING WITH CERTAIN
:RESTRICTIONS; REPEALING SECTION 7 -211 AND ALL OTHER ORDINANCES OR
:PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Section 4 -302 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
See. 4 -302 GARBAGE AND REFUSE; BURNING PROHIBITED; EXCEPTIONS
A. It shall be unlawful to burn garbage, tree and shrub trimmings, leaves, grass, weeds,
garden vegetation, or other refuse and combustible material within the limits of the City
either in open and unconfined or closed burning on private or public property, except that
the Chief of the Fire Department and the City Administrator may issue a special permit for
the burning of buildings or structures which have either been condemned or which are
being burned in a practice exercise for the Fire Department of the City.
B. It shall be unlawful to keep, store or maintain in any building or on any premises, any
waste, refuse, debris, rubbish, garbage or other loose combustible material, except
recognized and permitted fuels, in such manner or in such quantities as will substantially
and excessively increase the danger of fire on such premise and endanger adjacent
premises within the municipal limits.
C. Notwithstanding any other provisions of this Code, burning of refuse may be allowed in
commercial or industrial incinerators which shall meet the following requirements:
1. All incinerators shall be provided with approved feed and draft doors.
2. All stacks, vents, port and other openings shall be provided with steel mesh covers to
retain burning embers and flying ash, and the openings in said screen mesh shall not be
greater than 0.50 square inches. Ash space, properly confined to prevent scattering of
hot ashes shall be provided in incinerators in an amount equal to or more than one-
fourth (1/4) of the combustion volume of the device, and adequate provisions for
removal of ashes shall be provided.
3. All incinerators shall be provided with draft doors or protected openings of sufficient
area to insure proper combustion in the device. Air shall be admitted under the fael
bed in all types of incinerators in proper amount and further provisions made that a
minimum of twenty -five (25 %) per cent of the total air of combustion be admitted
above the fire bed to insure complete burning of gases and to destroy noxious odors
arising from such combustion.
4. Grates, when used, shall be provided with a minimum of fifty (50 %) per cent openings
and shall be so constructed to retain all burning embers. Air openings around or above
fuel bed shall have an area of not less than twenty -five (25 %) per cent at the effective
grate opening.
5. Construction and fire safety provisions of incinerators which are an integral part of a
building or structure shall conform to the standards prescribed by the National Board
of Fire Underwriters and the American Gas Association's Specifications for gas
burning equipment.
6. Incinerators shall be sized in such manner as to be adequate to handle the disposal
problem to which they are applied. Grossly undersized incinerators which are a
nuisance in operation may be condemned and removed.
7. Incinerators as defined under this Section shall be those totally enclosed within the
building or structure, and specifically shall exclude portable units such as wire basket,
light metal and light refractory and further specifically excluding "burn barrels ".
8. No private or home incinerators shall be allowed hereunder. Wood burring fire places
or stoves for decorative or heating purposes shall not be considered incinerators for the
purpose of this section.
D. Notwithstanding any other provisions contained herein. the City Council may, unless
prohibited by the State Fire Marshal or the City Fire Chief due to atmospheric conditions
or local circumstances which make open burning hazardous, designate a two (2) week
period once during the month of April and once during the month of November for a
period of open burning each year. During the designated period of open burning, it shall
be permissible to burn only tree trimmings less than one half (1/2) inch in diameter,
shrubs, grass and weed trimmings, leaves and garden vegetation. Such burning shall only
be permitted during the hours of eight (8:00) o'clock a.m. to five (5 :00) o'clock p.m. on
the dates designated.
E. During the approved open burning period, it shall be unlawful to:
1. Allow any burning on the public right of way including but not limited to streets and
alleys,
2. Allow any smoke generating debris to continue to generate smoke past five (5) o'clock
p.m. deadline,
3. To leave any fire, whether actively burning or smoldering, unattended,
4. Not to have water immediately available within fifteen (15) feet of the fire until all fire
is fiilly extinguished.
F. Violations of these Sections shall be subject to Section 4 -508 (Violations Bureau) and
carry fines as set forth in Section 4 -505 of the Municipal Code.
SECTION 2. Section 7 -211 of the Municipal Code which is in conflict herewith and all
other ordinances in conflict herewith are hereby repealed.
SECTION 3. That this ordinance shall be in force and take effect fiom and after its
passage, approval and publication as provided by law.
PASSED AND APPROVED THIS 25TH DAY OF MARCH, 2008.
ATTEST:
THE CITY OF BLAIR, NEBRASKA
LM-
JAMES E. REALPH, MAYOR
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was
passed at a regular meeting of the Mayor and City Council of said City held on the 25 day of
March, 2008.
BRENDA R. WHEELER, CITY CLERK
ORDINANCE NO. 213 8
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING SECTION 4 -302 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA, TO ALLOW LIMITED OPEN BURNING WITH CERTAIN
RESTRICTIONS; REPEALING SECTION 7 -211 AND ALL OTHER ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Section 4 -302 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
Sec. 4 -302 GARBAGE AND REFUSE: BURNING PROHIBITED: EXCEPTIONS.
A. It shall be unlawful to burn garbage, tree and shrub trimmings, leaves, grass, weeds,
garden vegetation, or other refuse and combustible material within the limits of the City
either in open and unconfined or closed burning on private or public property, except that
the Chief of the Fire Department and the City Administrator may issue a special permit for
the burning of buildings or structures which have either been condemned or which are
being burned in a practice exercise for the Fire Department of the City.
B. It shall be unlawful to keep, store or maintain in any building or on any premises, any
waste, refuse, debris, rubbish, garbage or other loose combustible material, except
recognized and permitted fuels, in such manner or in such quantities as will substantially
and excessively increase the danger of fire on such premise and endanger adjacent
premises within the municipal limits.
C. Notwithstanding any other provisions of this Code, burning of refuse may be allowed in
commercial or industrial incinerators which shall meet the following requirements:
1. All incinerators shall be provided with approved feed and draft doors.
2. All stacks, vents, port and other openings shall be provided with steel mesh covers to
retain burning embers and flying ash, and the openings in said screen mesh shall not be
greater than 0 50 square inches. Ash space, properly confined to prevent scattering of
hot ashes shall be provided in incinerators in an amount equal to or more than one-
fourth (1/4) of the combustion volume of the device, and adequate provisions for
removal of ashes shall be provided.
3. All incinerators shall be provided with draft doors or protected openings of sufficient
area to insure proper combustion in the device. Air shall be admitted under the fuel
bed in all types of incinerators in proper amount and further provisions made that a
minimum of twenty -five (25 %) per cent of the total air of combustion be admitted
above the fire bed to insure complete burning of gases and to destroy noxious odors
arising from such combustion.
4. Grates, when used, shall be provided with a minimum of fifty (50 %) per cent openings
and shall be so constructed to retain all burning embers. Air openings around or above
fuel bed shall have an area of not less than twenty -five (25 %) per cent at the effective
grate opening.
5. Construction and fire safety provisions of incinerators which are an integral part of a
building or structure shall conform to the standards prescribed by the National Board
of Fire Underwriters and the American Gas Association's Specifications for gas
burning equipment.
6. Incinerators shall be sized in such manner as to be adequate to handle the disposal
problem to which they are applied. Grossly undersized incinerators which are a
nuisance in operation may be condemned and removed.
7. Incinerators as defined under this Section shall be those totally enclosed within the
building or structure, and specifically shall exclude portable units such as wire basket,
light metal and light refractory and further specifically excluding "burn barrels ".
8. No private or home incinerators shall be allowed hereunder. Wood burning fire places
or stoves for decorative or heating purposes shall not be considered incinerators for the
purpose of this section.
D. Notwithstanding any other provisions contained herein, the City Council may, unless
prohibited by the State Fire Marshal or the City Fire Chief due to atmospheric conditions
or local circumstances which make open burning hazardous, designate a two (2) week
period once during the month of April and once during the month of November for a
period of open burning each year. During the designated period of open burning, it shall
be permissible to burn only tree trimmings less than one half (1/2) inch in diameter,
shrubs, grass and weed trimmings, leaves and garden vegetation. Such burning shall only
be permitted during the hours of eight (8:00) o'clock a.m. to five (5:00) o'clock p.m. on
the dates designated.
E. During the approved open burning period, it shall be unlawful to:
1. Allow any burning on the public right of way including but not limited to streets and
alleys,
2. Allow any smoke generating debris to continue to generate smoke past five (5) o'clock
p.m. deadline,
3. To leave any fire, whether actively burning or smoldering, unattended,
4. Not to have water immediately available within fifteen (15) feet of the fire until all fire
is fully extinguished.
F. Violations of these Sections shall be subject to Section 4 -508 (Violations Bureau) and
carry fines as set forth in Section 4 -505 of the Municipal Code.
SECTION 2. Section 7 -211 of the Municipal Code which is in conflict herewith and all
other ordinances in conflict herewith are hereby repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after its
passage, approval and publication as provided by law.
(SEAL)
ATTEST:
�
BRENDA R. WHEELER, CITY CLERK
PASSED AND APPROVED THIS 25TH DAY OF MARCH, 2008.
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
THE CITY OF BLAIR, NEBRASKA
J E
E. REALPH, MAYOR
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was
passed at a regular meeting of the Mayor and City Council of said City held on the 25 day of
March, 2008.
BRENDA R. WHEELER, CITY CLERK