HomeMy WebLinkAboutClean Air_Leaf Burning & Air Pollution_20220302_170953_088263_ARTICLE_4.___LEAF_BURNING_AND_AIR_POLLUTION_CONTROLARTICLE 4. LEAF BURNING AND AIR POLLUTION CONTROL
Sec. 9-19. Intent and purposes of article.
The Common Council believes that reasonable regulations should be enacted to minimize air pollution caused by burning within our City.
(Ord. No. 7895-88, § 1; Ord. No. 8023-89, § 1)
Sec. 9-20. Types of burning prohibited.
(a) No person shall start, kindle, cause, allow or maintain any form of leaf burning or rubbish or trash burning on private or public property, except as specifically authorized by this
Code.
(b) No person shall burn or cause to be burned, any leaves, grass, tree limbs, branches, paper, rubbish or trash, upon any street, alley or sidewalk within the City.
(Ord. No. 7895-88, § 1; Ord. No. 8023-89, § 1)
Sec. 9-21. Reserved.
Sec. 9-22. Operation "ReLEAF."
(a) Beginning in the fall 1989 leaf pick-up season, the City shall institute a leaf pick-up program which will encompass using leaf vacuums as the primary collection tool.
(b) In conjunction with the leaf vacuums, all trash haulers shall continue to pick-up bagged leaves, as a condition of their license issued by the City.
(c) The City shall develop a program so that biodegradable bags can be purchased by citizens from the City.
(d) Public education programs shall be developed by the City in conjunction with the leaf burning task force.
(e) The service charge per customer for this program shall be ninety-nine cents ($0.99) per month effective January 1, 2006. Until then previously established rates shall apply.
(Ord. No. 7895-88, § 1; Ord. No. 8023-89, § 1; Ord. No. 9641-05, § I, 11-18-05)
Sec. 9-23. Leaf burning task force.
(a) The leaf burning task force of not more than fifteen (15) persons with eight (8) individuals being appointed by the Common Council and seven (7) individuals being appointed by the
Mayor, each for two (2) year terms, shall meet on or before April 1, 1990, to review the results of the 1989 fall leaf burning season.
(b) The leaf burning task force shall provide a written report to the Common Council and the Mayor on or before June 1, 1990, with regard to further recommendations which should be studied
by the City. The report shall also detail a summary of all current and proposed public education programs.
(c) The leaf burning task force shall study equipment needs and costs thereof, personnel needs, and all related issues in their written report.
(Ord. No. 7895-88, § 1; Ord. No. 8023-89, § 1)
Sec. 9-24. Citations.
(a) Any person found in violation of this article shall be subject to the following procedures. The Department of Code Enforcement, Fire Department, or Police Department personnel shall:
(1) Issue a citation to the violator imposing a one hundred dollar ($100.00) fine for each violation.
(b) Each subsequent starting, kindling, causing, or allowing of a new fire after a citation has been issued, shall be considered a separate offense for which a citation may be issued.
(c) The citation issued under this article shall contain the date, time, name and address of the violator, the code section violated, the nature of the violation, location of the violation,
the name of the officer or inspector issuing the citation and instructions as to the disposition of the citation.
(d) In such instances where a leaf burning fire results in damage and is determined to be caused by negligence or the wilful disregard or violation of any of the provisions of this article,
a fine equal to the cost expended by the City to send fire suppression personnel and equipment to the location shall be assessed with said fine not exceeding two thousand five hundred
dollars ($2,500.00).
(e) In the case of indigency of the defendant, the provisions of Section 1-24 of this Code shall apply.
(Ord. No. 7895-88, § 1; Ord. No. 8023-89, § 1)
Sec. 9-25. Reserved.