Chapter 7 · Fire

Article 2. Fire Prevention

Sections 7-201 to 7-207 · 7 sections

7-201 Unlawful to burn trash inside city limits.

No person shall kindle or maintain any bonfire, nor permit any such fire to be kindled or maintained on any private property within the city limits unless:

(a)It is done in an incinerator properly and safely constructed within the structure and approved by the fire department of the city and all other state and federal agencies as may be required; or

(b)It is done pursuant to a permit issued by the fire department of the city as allowed by section 7-202, and that it is limited to paper or wood products or a logically derived source therefrom, but not any lumber, building materials, roofing, or any other materials from a building or structure.

(Ord. 867, Sec. 1; Code 2021)

7-202 Permits.

All permits issued pursuant to sections 7-201 shall be in writing, valid only for the time, date, and property specified therein, shall be issued by the city clerk. Burn permits will be issued annually and valid between January 1st of every year to December 31st of the same calendar year. Permit holders must call dispatch before burning and let dispatch know what is being burned and how long the burn will take. Aside from other provisions herein, burning can only occur between 6 a.m. and midnight. No burning shall take place on days where the National Weather Service, or other agency, has issued a “Red Flag Warning.” No permit shall be issued in violation of any provision of Chapter 65 of the Kansas Statutes Annotated, as amended, or in violation of any air pollution emission control regulations of the State of Kansas or the federal government. No permit shall be issued other than to burn paper or wood products, or the logical derivatives therefrom, but not any lumber, building materials, roofing, or any other materials from a building or structure.

(Ord. 867; Ord. 1128; Ord. 1137; Code 2021)

7-203 Keeping of packing materials.

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or binds having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 1987)

7-204 Storage of ashes.

It shall be unlawful to store ashes inside of any non-fireproof building unless they are stored in an incombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials.

(Code 1987)

7-205 Filling gasoline tanks of motor vehicles.

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(Code 1987)

7-206 Permits.

All permits issued pursuant to sections 7-204 and 7-205 shall be in writing, valid only for the time, date, and property specified therein, shall be issued by the City Clerk. Burn permits will be issued and valid for the requesting party’s lifetime. Permit holders must call dispatch before burning and let dispatch know what is being burned and how long the burn will take. Aside from other provisions herein, burning can only occur between 6 a.m. and midnight. No burning shall take place on days where the National Weather Service, or other agency, has issued a “Red Flag Warning.” No permit shall be issued in violation of any provision of Chapter 65 of the Kansas Statutes Annotated, as amended, or in violation of any air pollution emission control regulations of the State of Kansas or the federal government. No permit shall be issued other than to burn paper or wood products, or the logical derivatives therefrom.

(Code 1987; Ord. 1173)

7-207 Portable outdoor fireplaces and recreational fires.

(a)Definitions.

(1)A portable outdoor fireplace is defined as, a portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

(2)A recreational fire is defined as, an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

(b)Lawful use. Recreational fires and portable outdoor fireplaces shall be used only under the following circumstances:

(1)Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet of a structure or combustible material, including decks, fences, and homes.

(2)Recreational fires must be enclosed by some noncombustible fire ring at least one (1) foot in height above the ground and shall not be constructed within 25 feet of a structure, property line or combustible materials.

(3)Outdoor fireplaces, other than portable, must be constructed of noncombustible materials and shall not be constructed within 15 feet of a structure, property line or combustible materials.

(4)Outdoor fires that are offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fire hazardous shall be prohibited.

(5)Combustible materials which could cause fire to spread shall be eliminated or at least mowed short in the immediate area prior to ignition.

(6)Ashes shall be discarded in a noncombustible container and kept outside of any structure.

(7)Only charcoal or clean, dry and seasoned firewood can be used for fuel. Firewood can be a maximum of 2 feet long.

(8)Do not use flammable and combustible fluid such as gasoline, alcohol, diesel fuel, kerosene or charcoal fluid to light and relight fires.

(9)Trash, garbage, leaves, asphalt, petroleum products, paints, rubber products, plastics, paper, cardboard, treated wood, construction debris, metal or any substance that normally releases toxic emissions, dense smoke, or obnoxious odors when burned shall not be used as fuel.

(10)While a fire is burning or smoldering it must be attended always.

(11)Buckets, shovels, garden hose or a fire extinguisher with a 4A or greater rating shall be readily available for use while a fire is burning or smoldering.

(12)Burn bans by the State of Kansas, Woodson County, or the City of Yates Center shall be strictly enforced.

(Ord. 1106; Code 2021)