Restrict Open Burning

Burning – Ordinance No.G09-05

AN ORDINANCE RESTRICTING OPEN BURNING WITHIN THE CORPORATE LIMITS OF THE CITY OF EASTBOROUGH, KANSAS, AND REPEALING ORDINANCE NO. 313

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:

Section 1. Purpose

This ordinance is intended to promote public health and to safeguard the health, safety and welfare of the citizens of the City of Eastborough, Kansas, due to the air pollution and fire hazards of open burning.

Section 2. Applicability

This ordinance applies to all outdoor burning within the City of Eastborough.

Section 3. Definitions

  1. “Barbecue grill” means open or closed grills that are fueled by one or more of the following: electricity, natural gas, LP gas or charcoal.
  2. “Outdoor fireplace” means a non-portable devise designed and intended to contain and control outdoor wood fires. Outdoor fireplaces are normally constructed of stone, concrete, or other non-combustible material.
  3. “Portable fire pit” (chimenea) means a device designed and intended to contain and control outdoor wood fires that are placed on a non-combustible surface at least 1.5 times larger than the size of a fire pit.

Section 4. General

A person shall not start or maintain or authorize to be started or maintained any outdoor burning unless in accordance with this ordinance.

Section 5. Materials that may not be burned

This ordinance allows the burning of clean wood only. Clean wood means natural wood that has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products. The burning of garbage, trash, refuse, flammable liquids, and/or combustible liquids in any form is not allowed.

Section 6. Burn barrels

No person or entity shall maintain or operate a burn barrel in the City of Eastborough.

Section 7. Recreational fires

Barbecue grills, portable fire pits (chimeneas) and outdoor fireplaces are permitted on properties under the following conditions:

  1. Recreational fires shall be at least fifteen feet (15′) from a building or structure or combustible material.
  2. Portable fire pits (chimeneas) and outdoor fire places shall be used in accordance with the manufacturer’s recommendations, within the above requirements, and shall be placed on a non-combustible surface that is at least one and one-half (1.5) times larger than the size of the portable fire pit.

Section 8. Liability

A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

Section 9. Right of inspection

The City Police may inspect any property for the purpose of ascertaining compliance with the provisions of this Ordinance.

Section 10. Penalty

Any person who shall violate any provision of this ordinance shall, upon due conviction thereof, be fined not less than $50 nor more than $250 for each such offense. Fines shall be doubled for second and subsequent convictions.

Section 11. Repeal

Ordinance No. 313 is repealed.

Section 12. Effective date

This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

Passed and adopted this 25th day of August, 2009.

Attest:
Barbara Kratzer, City Clerk