Section 103-394; Ord. 17383; Amending Chapter 9 RE: Opening Burning for Waste Disposal Purposes on Recently Annexed Property


Ordinance No.           17383               Council Bill No.            B 247-02A           

AN ORDINANCE

amending Chapter 9 of the City Code as it relates to open burning for waste disposal purposes on recently annexed property; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 9 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 9-22. Amendments.

The following sections of the fire code adopted in section 9-21 above are hereby repealed, amended or modified as follows:

. . .

    F-403.9 Recently annexed property: Notwithstanding any other provisions of this section, open burning for waste disposal and silvicultural purposes shall be allowed to continue on recently annexed property after obtaining approval from the code official.  Property shall be considered “recently annexed property” only for the first three years following its annexation into the city and only if it was annexed after September 30, 2003 and only if annexation of the property was approved by the voters under Section 71.015 RSMo.

    F-403.9.1 Application: Application for open burning under this subsection shall be submitted in writing to the code official and shall be in such form and contain such information as required by the code official.

    F-403.9.2 Permit: Each permit issued under this subsection shall be for multiple fires and shall be in effect for such time as the property remains recently annexed property unless the permit is suspended or revoked by the code official.  The code official shall issue a permit for open burning under this subsection subject to reasonable conditions including but not limited to the following:

    (1)    Restrictions on type and quantity of material to be burned.
    (2)    Location of the burning site including minimum distances from structures.
    (3)    Required on-site fire extinguishing equipment.
    (4)    Atmospheric conditions when fires will be prohibited.
    
    F-403.9.3 Revocation and suspension:  The code official may revoke or suspend any permit issued under this subsection for failure to comply with the provisions of this subsection or with the conditions of the permit.  The code official may suspend any permit if, in the judgment of the code official, open burning would be hazardous.

    F-403.9.4 Restrictions: Open burning permitted in recently annexed property under F-403.9.2 shall be subject to the provisions of F-403.4.3, F-403.5 and F-403.7.

    SECTION 2.  This ordinance shall be in full force and effect from and after the earliest date on which one of the annexations submitted to the voters on August 6, 2002 takes effect.

    PASSED this 15th day of July, 2002.