(a)   The Basic Fire Prevention Code, 1978 Edition, published by the Building Officials and Code Administrators International, Inc., 1313 East Sixtieth Street, Chicago, Illinois 60637 is hereby incorporated herein by reference and made a part of this article. There shall not be less than three (3) copies of the standard code incorporated by reference and kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours. The filed copies of the standard code shall be marked “Official Copy as Incorporated by the Code of the City of Bird City.” All sections or portions of the file copies of the standard code shall be clearly marked to show deletions from the standard code.

(b)   This section shall not be construed to relieve from responsibility or lessen the responsibility of any person, firm or corporation owning, controlling or constructing housing units within the City of Bird City, Kansas nor shall the City be held as assuming any liability of any nature by reasons of the inspection authority hereby issue to the City Building and Housing Inspector for inspection of buildings and housing units in said City.

(c)   Any person who shall violate any of the provisions of the Code hereby adopted or fail to comply therewith or who shall violate or fail to comply with any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than One Hundred Dollars ($100.00). The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of any such penalties shall not be held to prevent the enforced removal of the prohibited condition.

(Code 1998, 4-201; Code 2022)

It shall be unlawful for any person or entity to cause or permit the open burning of any refuse, wastes, structures, vegetation or any other material on any premises within the City of Bird City, Kansas, other than in an approved incinerator constructed and operated in accordance with Air Pollution Emission Control Regulations of the State of Kansas and any amendments thereto as published by the Kansas State Department of Health and Environment or its successors. “Refuse” is defined as unwanted or discarded material resulting from residential, commercial, industrial and agricultural operations and from normal community activities. “Refuse” includes but is not limited to: garbage, paper, rubbish, dead animals, animal wastes, leaves, limbs and other plant wastes.

(Ord. 321, Ord. 277, Code 1998, 5-201; Code 2022)

The following open burning operations shall be exempt from the prohibition on open burning of any materials imposed by section 7-202, subject to the regulations set forth herein:

(a)   The following shall not constitute a violation of this article.

(1)   Fires set for the purpose of instructing and training city firemen in the methods of fighting fire.

(2)   Fires set at the direction of the mayor or governing body for the destruction of abandoned and condemned structures and buildings.

(3)   Fires set in residential fireplaces.

(4)   Fires used for preparation of food, such as barbecuing or charcoaling;

(5)   Campfires in approved camping areas: Provided, that the fire is not more than four feet (4’) in diameter at the base.

(6)   Recreational fires contained in a screened fire pit or screened outdoor fireplace. For purposes of this provision, “fire pit” means a self-contained unit made of a non-combustible material which sets above the ground on legs and is commercially designed and built for the creating and maintaining of a fire by use of a wood or gas fuel source. For purposes of this provision, “outdoor fireplace” means a commercially designed and built outdoor fire place made of a non-combustible material or concrete, including but not limited to a chiminea. For purposes of the provision, “screened” means a protective spark arresting screen covering the opening of the fire pit or outdoor fire place.

(7)   After obtaining a permit pursuant to 7-203(c) from the City Clerk to do the same, fires for the purpose of burning of leaves, limbs and other plant or organic wastes.

(8)   Fires outside the city limits of City of Bird City, Kansas.

(b)   During dry climatic conditions and high velocity winds in the city, the mayor may declare by proclamation an emergency and suspend burning under subsection (a). Any open burning occurring during such proclamation shall constitute a violation of this article, punishable as hereinafter provided.

(c)   Burning permit. Upon application to the City Clerk and payment of a $1.00 permit fee, any person living within Section Thirty-six (36) in township Three (3) South, Range Thirty-eight (38) West of the Sixth Principal Meridian, Cheyenne County, Kansas, otherwise known as the square mile perimeter of the city limits of the City of Bird City, may obtain a burning permit for the burning of leaves, limbs and other plant and organic wastes within said limits of the City of Bird City. Said permit is valid for a period of 10 days from the date of issuance. Said permit may neither be transferred nor extended in the event that the permit is not used. There shall be no refunds of permit fees in the event that the permit is not used.

(d)   Any person setting a fire under subsection (a), paragraphs (4) through (7), shall keep on hand during the open burn a fully functional garden hose or a 4-A fire extinguisher.

(e)   The Fire Chief or law enforcement is authorized to require any fire burning subsection (a), paragraphs (4) through (7), to be immediately extinguished if such fire is determined by the Fire Chief or law enforcement to constitute a hazardous condition or are being used to burning unauthorized refuse, rubbish or trash, or if the Fire Chief or law enforcement determines that smoke emissions are offensive to occupants of the surrounding property.

(Ord. 321, Ord. 277, Code 1998, 5-202; Code 2022; Ord. 369)

Any person or entity in violation of any provision herein or who fails to immediately extinguish a fire after being directed by the Fire Chief or law enforcement under section 7-203(e), shall be guilty of an unclassified misdemeanor and punished by a fine of not more than One hundred dollars ($100.00). In the event that a violation of this article spans a period of time in excess of one calendar day, each calendar day involved after the first calendar day shall constitute an additional and separate violation of this article.

(Ord. 321, Ord. 277, Code 1998, 5-203; Code 2022)