Ordinance 1304 - Burn Regulations

ORDINANCE NO. 1304

AN ORDINANCE LIMITING OPEN BURNING WITHIN THE CITY OF GYPSUM, SALINE COUNTY, KANSAS, AND ESTABLISHING PENALTIES FOR VIOLATIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GYPSUM, KANSAS.

SECTION 1.  BURN REGULATIONS. 

(a.)  No person shall create, cause, or add to any refuse accumulation not placed for regular or special haul, or to cause unwholesome odors, or to cause the attraction of collection of insects or rodents, or burn any garbage or refuse within the City unless the operations are approved by the Governing Body. 

(b.) No person shall set on fire, or burn within the City any rubbish, refuse, trash, leaves, grass, paper, lumber, or any other materials at any time, PROVIDED, HOWEVER, a permit may be granted by the City to burn and said permit shall specify the dates, hours and conditions under which burning may be permitted.

SECTION 2.  APPROPRIATE PRECAUTIONS.  No person shall leave any fire unattended.  No person shall set a fire without first taking precautions to insure that the fire will be contained within the perimeters of the area sought to be burned and will present no danger to the health or property of adjoining landowners.  Burning will occur during daylight hours only, a charged water hose will extend to the burn site and the wind speed shall be no greater than 5 mph.

SECTION 3.  NO BURN ORDERS.  When the Saline County Director of Emergency Management, or a designated person, has ordered a No Burn Order for the unincorporated areas of Saline County, such order shall also be recognized and be in affect within the City limits of the City of Gypsum.

SECTION 4.  PENALTIES. 

(a.)   Any person who abandons a fire that has not been extinguished, who fails to take proper precautions to control a fire, who burns on a day when burning is not allowed or who otherwise violates the provisions of the ordinance may be issued a citation by a law enforcement officer.  A fine of not to exceed two hundred fifty dollars ($250.00) per violation may be assessed against the violator of this ordinance upon conviction in municipal court.

(b.) Any person convicted of violation this ordinance may also be assessed all costs incurred by any fire department, including any fire department called to assist in fighting of fires within the City of Gypsum, Kansas, resulting from actions contrary to the mandates of this ordinance and upon which the violation has been convicted.

SECTION 5.  CONFLICTS.  In the event any part or portion of this ordinance is found to be invalid, the invalidity of such shall not affect the other provisions or application of the ordinance which can be given without the invalid parts or portions.

SECTION 6.  PUBLICATION.  This ordinance shall become effective upon publication in the official city newspaper.

PASSED AND APPROVED by the Governing Body of the City of Gypsum, Kansas this 11th day of September 2023.