2010-09RESOLUTION 2010 -9
WHEREAS, Section 18 -2520 et. seq. of the Nebraska Revised Statutes allow a
municipality to bring a proposed Ordinance before the citizens of the municipality as part
of the election process; and
WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have
received comments from the citizens of the City of Blair regarding the possibility of
instituting a garbage and refuse burning prohibition within the jurisdiction of the City of
Blair, Nebraska; and
WHEREAS, currently the City of Blair, Nebraska allows for open burning of yard
and garden waste pursuant to City Ordinance, once in April and once in November for a
two (2) week period by designation of the City Council; and
WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have
determined that there is sufficient interest among its citizens to determine whether
garbage and refuse burning in the City of Blair, Nebraska, should or should not be
prohibited; and
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, HEREBY ADOPTS THE FOLLOWING RESOLUTION;
SECTION 1. That the Municipal Code of the City of Blair currently allows for the
open burning in Section 4 -302 (D) (E) once in April and Once in November for a two (2)
week period designated by the City Council, which code is hereby attached as Exhibit
"A" and is available for public review and inspection at the City Clerk's office during
regular business hours.
SECTION 2. That the following question shall be submitted to the registered
voters of the City of Blair, Nebraska at the next General Election to be held on Tuesday,
May 11, 2010:
"Shall the City Council of the City of Blair prohibit open burning of yard and
garden waste in April and November of each year in the City of Blair by amending
Section 4 -302 of the Blair Municipal Code by eliminating subsections (D) and (E), which
allow such burning ?" A YES VOTE WILL COMPLETELY ELIMINATE ALL OPEN
BURNING OF YARD AND GARDEN WASTE IN THE CITY OF BLAIR."
[ ] YES [ ] NO
SECTION 3. BE IT FURTHER RESOLVED, that the City Clerk is hereby
authorized and directed to certify a copy of this Resolution to the Election
Commissioner /County Clerk of Washington County, Nebraska at least fifty (50) days
prior to the election. The City of Blair agrees to reimburse the Election
Commissioner /County Clerk for any additional expenses incurred by conducting said
election as required by law.
SECTION 4. That all other resolutions or parts of resolutions in conflict herewith
are hereby repealed.
COUNCIL MEMBER CHRISTIANSEN MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL
MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD,
STEWART, KEPHART, FANOELE, CHRISTIANSEN, ABBOTT, WOLFF AND
JENSEN VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE
MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED
THIS 23 DAY OF FEBRUARY, 2010.
ATTEST:
(SEAL)
NDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
)
WASHINGTON COUNTY )
:ss:
CITY OF BLAIR, NEBRASKA
BY -`�
C
J S 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
Resolution was passed and adopted at a regular meeting of the Mayor and City Council
of said City, held on the 23 day of February, 2010.
BRENDA WHEELER, CITY CLERK
Article 3. Garbage and Refuse
Sec. 4 -301 GARBAGE AND REFUSE: DEFINITIONS. As used in this Article, the term
"garbage" shall include all food waste and refuse, both vegetable and animal, from kitchens,
households, restaurants, food stores and other commercial establishments for the preparation,
consumption, sale, dealing in, storage and processing of foods and food products.
As used in this Article, the term "refuse" shall include tree and shrub trimmings, leaves,
grass, weeds, garden vegetation, waste paper, scrap lumber, ashes, scrap plaster and other building
materials, packing boxes, cartons, excelsior, waste hay, waste straw, combustible packing materials
and refuse, broken glass, tin cans and containers, surgical or sanitary dressings and pads and other
waste materials from hospitals, nursing homes, convalescent homes and old people's homes and
waste articles, substances and materials. (Amended by Ord. No. 1311, 10/27/81)
Sec. 4 - 302 GARBAGE AND REFUSE: BURNING PROHIBITED: EXCEPTIONS.
A.
B.
C.
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.
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 premises and endanger adjacent premises
within the municipal limits.
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 stack, 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 greaterthan 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 -602 (Violations Bureau) and carry
fines as set forth in Section 4 -603 of the Municipal Code. (For Penalties also refer to
Addendum to Code Violations Bureau Fee Schedule)
Sec. 4 - 303 GARBAGE AND REFUSE. All garbage and solid waste except grass and leaves
generated and derived within the corporate limits shall be deposited and disposed of at the Douglas
County Landfill located near Elk City, Nebraska. It shall be unlawful for any person to dispose or
dump garbage or solid waste except grass and leaves at any other place or site other than said
Douglas County Landfill or the municipal collection center for garbage and solid waste. It shall be
unlawful for any person to comingle grass and leaves with solid waste as defined hereinafter. It shall
be unlawful for any person to dispose or dump grass and leaves in any landfill or at any other site not
specifically designated or properly licensed or authorized for depositing grass and leaves.
For the purpose or this section, solid waste is defined as follows: Solid waste shall have the
same meaning as set forth in Sec. 13-204 R.R.S. Neb. as adopted by reference from Sec. 81- 1502(26)
R.R.S. Neb. and shall further include but not be limited to garbage, trash, rubbish, and junk as set
forth in Sec. 81 -1502 et seq. R.R.S. Neb. specifically excluding, however, grass and leaves which
are hereby specifically excluded.
Sec. 4 - 304 GARBAGE AND REFUSE, GRASS AND LEAVES, AUTHORIZED HAULERS. It
shall be unlawful for any person for hire or other consideration to collect, transport, or dispose of any
garbage, solid waste, or grass and leaves as defined in Sec. 4 -303 generated or derived within the
municipal limits without a license or other authority from the municipality.
Sec. 4 - 305 GARBAGE AND REFUSE; FAILURE TO KEEP GARBAGE IN CONTAINER.
The failure or neglect of any person to place, deposit or keep garbage emanating from his home,
building or place of business in a container as required by this Chapter is hereby declared to be a
nuisance and unlawful.
Sec. 4 -306 GARBAGE CONTAINERS; TIGHT - FITTING LIDS OR COVERS REQUIRED;
CAPACITY; NUMBER REQUIRED; WHERE PLACED. It shall be the duty of every owner,
manager, householder, tenant and occupant of any dwelling, trailer house or building, and the owner
or manager of any hospital or business house of any kind to provide storage of trash or garbage
which shall be watertight and shall have a tight - fitting cover or lid, which covers or lids shall remain
on such containers at all times except when container is being filled or emptied. Garbage and trash
may be placed in the same container. The number of containers required for each unit shall be
established by the amount of garbage and trash normally produced during a collection period. Such
containers shall be kept or placed, if inside, on the ground floor, accessible to the collectors and, if
outside, at the rear of the lot and accessible to collectors, but not on any street, alley or public place.
Such containers must be so arranged that they cannot be turned over. In case of dispute as to the
place where such containers are to be kept, then such place is to be determined by the City
Administrator or someone designated by him for such duty. All garbage and other refuse material as
defined above, but excluding mowings from lawns, trees or other tree limbs and refuse building
materials, shall be, by the owners, tenants, managers and producers thereof, placed in such containers
and such containers shall at all times be kept clean and in a sanitary condition by the respective
owners, tenants, managers, or producers of such garbage and other refuse materials.
Sec. 4 - 307 GARBAGE CONTAINERS; NONMETAL CONTAINER PROHIBITED;
EXCEPTION. It is hereby declared to be a nuisance and unlawful for any person to maintain, use,
keep or allow to exist on the premises occupied by or belonging to such person nonmetal garbage
container. Provided, however, such containers may be constructed of serviceable synthetics.
Sec. 4 - 308 GARBAGE CONTAINERS; PERFORATED OR LEAKY CONTAINER
PROHIBITED. It is hereby declared to be a nuisance and unlawful for any person to maintain, use,
keep or allow to exist on the premises occupied by or belonging to such person perforated or leaky
garbage containers.
Sec.
4 -309 GARBAGE CONTAINERS; BUSINESS, COMMERCIAL AND MULTI-
PLE AREAS. It is hereby declared to be a nuisance and unlawful for any person to
maintain in the business, commercial or multiple - dwelling areas any container for trash, papers,
refuse or any inflammable material that does not prevent the scattering, leaking, blowing or the
exposure thereof to fire.
Sec. 4 - 310 GARBAGE AND REFUSE; BURNING PROHIBITED., It is hereby declared to be a
nuisance and unlawful for any person to bum within the City, any garbage, as defined herein.
(Amended by Ord. No. 1311, 10/27/81)