2210ORDINANCE NO. 2210
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 3 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, NEBRASKA, BY AMENDING SECTION 4 -302 GARBAGE AND
REFUSE; BURNING PROHIBITED; EXCEPTIONS, REPEALING ALL 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 THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Chapter 4, Article 3 of the Municipal Code of the City of Blair, Nebraska is
hereby amended as follows:
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 premises 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 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 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 -forth (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. Gates, 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 provision s of incinerators which are an integral part
of a building or structure shall conform to the standards proscribed 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, designate
a period not to exceed a total of nine (9) days during the month of April and a total of
nine (9) days during the month of November for burning with a permit each year and
authorize the City Fire Chief to issue burning permits within the City of Blair city limits
during the designated time periods. During the designated periods of burning with a
permit, 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 sundown on the
dates designated.
E. During the approved burning with a permit periods, 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 the
designated time deadlines.
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)
SECTION 2. That all ordinances or part of ordinances in conflict herewith are hereby
repealed.
SECTION 3. That this ordinance shall be enforced and take effect from and after its
passage, approval and publication as provided by law.
Passed and approved this 11 th day of October, 2011.
CITY OF BLAIR, NEBRASKA
* M E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEE ER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
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 1 lth day of October,
2011.
BRENDA R. WHEELER, CITY CLERK