Sec. 42-1. - Open burning of leaves
(a) The open burning of leaves within the city limits is hereby prohibited, except as follows:
(1) Subject to the terms of this section, the open burning of leaves is permitted only during the periods from April 1 through May 31 and from October 1 through November 30. During such periods the open burning of leaves is permitted only between the hours of 10:00 a.m. and 4:00 p.m.;
(2) There shall be no burning of any leaves on Sundays, Mondays, and federally designated holidays;
(3) The open burning of leaves shall be only on private property with the consent of the owner or person in charge of such private property;
(4) No person shall burn any leaves unless such fire is at least 20 feet from any structure;
(5) Any fire resulting from the open burning of leaves shall be constantly attended by a competent person until such fire is extinguished;
(6) There shall be no open burning of leaves within 48 hours after any rainfall of more than one-half inch precipitation;
(7) The chief of police and/or fire chief may prohibit the open burning of leaves when atmospheric conditions or other conditions at the location of the fire constitute a hazard or public nuisance; and
(8) The fire chief and/or fire marshal of the city, within his or her sole and absolute discretion, shall have the authority to grant no fee burn permits when burning exceeds the scope of this section.
(b) Any person violating this section shall be subject to punishment as provided in section 1-19.