It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard.

(Prior Code 6-201; Code 2023)

Packing material shall be kept in metal or wood metal-lined bins having self-closing or automatic covers. Refuse from rooms where packing or unpacking is done shall be removed daily.

(Prior Code 6-202; Code 2023)

It shall be unlawful to store ashes inside any nonfireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet (5’) shall be maintained between such container or receptacle and combustible material. Ashes shall not be stored outside of any building in wooden receptacles or dumped in contact with or in close proximity to any combustible material.

(Prior Code 6-203; Code 2023)

(a)   It shall be unlawful for any person to dispose of refuse or trade wastes by open burning or to cause, allow or permit open burning within the city. In this chapter, refuse means garbage, rubbish leaves, salvageable material, lumber, stumps, limbs, straw, agricultural wastes or other wastes and unwanted vegetation; trade wastes means solid, liquid or gaseous material resulting from construction, the conduct of any business trade or industry or any demolition operation including but not limited to plastics, cardboard cartons, grease, oil and chemicals.

(b)   A citation or complaint may be issued by any police officer where such officer observes an illegal fire. A report may be given by any firefighter or other Florence citizen to the city Police Chief or Fire Chief for the issuance of a complaint.

(Prior Code 6-204; Code 2023)

(a)   Open burning shall be permitted when it can be shown to the satisfaction of the City Clerk and Fire Chief that such open burning is the only feasible method to dispose of the waste, that disposal by burning is in the public interest, and that burning will not conflict with Kansas law. Any person intending to engage in open burning shall obtain a written permit issued by the City Clerk with the approval of the Fire Chief. Such application shall state:

(1)   Date of application.

(2)   Name of applicant

(3)   What is to be burned.

(4)   Location.

(5)   Date and time burning will take place.

(6)   Name of who will assume responsibility. (Same individual will be required to supervise fire from ignition to completion.)

(7)   Applicants signature.

(8)   City Clerks signature.

(9)   Fire Department notified, Fire Chiefs comments, Date Fire Chief gave permission.

(10) Permit valid for two (2) days after issuance and no Sunday burning.

(b)   The permit shall be signed by the city clerk and approved by the Fire Chief with reasonable dispatch. Such permit shall state with specificity the exact location where the burning is permitted to occur and the time period during which such burning may occur, which time period shall not be less than one day and not more than 2 days after the date of the permit. The permit shall state clearly that the applicant or an agent of the applicant shall be present during the actual burning.

(c)   Upon receipt of the permit, the person may proceed with open burning without violating the prohibition on open burning, but such permit shall not exempt the applicant from the provisions of any other law, ordinance or regulation, nor shall it be deemed to be an exemption from any state law. Burning contrary to the terms of the permit is a violation of Section 6-204.

(d)   The city clerk and/or the fire chief may place special conditions in the permit, including but not limited to, supervision of the burn by a police officer, the fire chief, or the city superintendent.

(e)   Burning under the license granted to the City of Florence by the State of Kansas at the city’s burn site is an exception to the prohibition, but no one other than an employee of the city shall burn anything at the city burn site.

(f)   The following miscellaneous exemptions shall not be deemed to be violations of the prohibition on open burning:

(1)   Intentional setting of fires by the fire chief for the purpose of training firefighters.

(2)   Igniting fires for non-commercial preparation of food using wood in its natural state or Charcoal or other similar substance for the purpose of cookery, as long as the fire is in a container or site that is safe for cooking.

(3)   Campfires in designated camp or picnic areas specifically designated for such purpose by The City of Florence, Kansas.

(Prior Code 6-205; Code 2023)

Any person, firm or corporation violating any provision of this Article for which a penalty is not specifically established shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than $500.00 for each offense. The court shall consider the type of materials being burned, whether it was a first offense, whether the fire was extinguished upon request, and other relevant factors in setting the fine.

(Prior Code 6-206; Code 2023)