HomeMy WebLinkAboutOrdinance 77-008 Regulating trash burningORDINANCE N0. 77-~ REPEALED
~N ORDINANCE OF THE T01~[ OF MARANA PROVIDING FOR THE REGULATION OF
B~.NING TRASH AND OT?ER ARTICLES.
BE IT ORDAINED BY T~ TO"~I COL~NCIL OF MARANA, ARIZONA:
Section !. BL~NING TRASH, OT~R ARTICLES--PROHIBITED GENERALLY;
DECLARED NUISANCE.
The burning of garbage, rubbish, trash, grass clippings, tree prunings~
waste trade materials~ jnnk auto bodies or parts thereof, or tires, or
any other articles in open fires~ bonfires, incinerators or burning de-
vices, or in other manner outside of a regular building and within the
Towa is hereby prohibited except as specifically provided. Any such fire
or burning is hereby declared to be a public nuisance and unlawful.
Section ~. PEP~.r!T REQUI~D.
No person shall kindle, suffer, maintain, authorize or permit any open
fire or bonfire, or use any or operate with fire any incinerator or
burning device outside of a regular building within the Town without the
permit specified in Section 1.
Section 3. APPLICATION FOR PERMIT; ISSUANCE OR DENIAL; FEE
U~on application in writing therefor, the Town Clerk shall issue a
permit for any of the fires or acts specified by the provisions of
Section 1~ 2 when he has determined by examination and investigation of
the premises and burning devices, if any, proposed to be used mnder such
permit, that such fire or burning will not cause dense smoke, acrid or
offensive odors or vapors, sparks, ~ly ash or 6ther harmful element that
travel more than 100 feet from the point of origin, or emanation thereof,
in any area or neighborhood whre buildings are closer together than 100
feet. In all other areas such permit may be granted when surrounding
conditions~ character and location of buildings~ method of proposed burn-
ins, devices used~ or any other similar factors assure that such dense
smoke, acrid or offensive odors or vapors, or 6ther harmful elements re-
suiting therefrom will not travel through or adversely affect neighboring
areas. ~nenever the To,ma Clerk shall determine and find that the granting
of such permit will create a fire hazard because of the close proximity of
buildings or other physical conditions present, no permit shall be issued
or granted. No charge shall be made for such pernit.
Section [~. PERMIT NOT RE0]~IRED FOR COOKING DEVICE.
Not ~thstanding the orovisions or this section, no permit shall be re-
quired for the use and operation of home-style broilers~ barbecue pits,
grills or other similar de~ces.
Section %. INFO~-~ITION SHO~ ON PE~IT; FAILURE TO COMPLY
CONDITIONS; D~AT!ON.
Each such perm~..it issued shall specify the address and precise location,
size, tlrpe, or kind of fire or burning operation covered thereby, the
time or times permitted, the duration and limitation of hours thereof,
if any, expiration date of the permit, the time, type or specifications
of the burning device or devices, if any, to be used, and other similar
restrictions, specifications~ or limitations which shall be reasonably
necessary to effectuate Compliance with the pro~_sions of this section.
Failure to observe and comply with the terms, conditions, and limitations
specified in any such permit shall constitute a ~olation of thi§ section.
No permit shall be valid for a period of longer than six months.
Section 6. DENSE SMOKE DEFINED; CHART ADOPTED.
Dense smoke shall mean any smoke so hearty and thick that i±
st~ntia]ly obscures an-~ z~.~ect from o!~in visibi~4y, or any stoke
throug? which an object can cnt?f be seen dimly~ or any smoke which is
hea~y enough to substantially cloud and blanket the surronnding neighbor-
hood atmosphere or that smoke which has a density nmmber of 2 or greater
as established by the Ringlemann's Chart hereinafter referred to and
adopted. The Ringlemann's Chart, as used in this section, shall meet
the standard published by the U.S. Bureau of Mines to determine the
density of smoke as follows:
"The Ringlemann's Chart. Standard by which the density of
smoke is to be measured will be the Ringlemann's Chart,
officially published by the U. S. Bureau of Mines.
"Use of the chart will he,made by placing it at such Ris-
tance from the observer so that the squares appear as
even shades of coloring, or when no white spaces between
the lines are visible. Comparison of the smoke under ob-
servation with the various shades of the chart will then
indicate the density of the smoke. Observation distances
shall not be less than lO0 feet or more than one-quarter
mile from the smoke observed.
Section 7. PENALTY; ABA~NT.
Any such public nuisance may be abated and enjoined by the Superior
Court, Pima County, Arizona, in a civil action therefor.
Section 8. EM[E.R~ENCY CLAUSE
Whereas the immediate operation of the ~rovisions of this ordinance
is necessa~ for t~ preserv~tfon of ~he pubtio peace, health and
safety of the Totem o? Marina, mud emerzency is hereby declared to
exist, and th!? ordinance shall be in full force an~ effect from and
after its passage, a~o~on an~ a?prov~! b~. ~he Tc~.m Council or Marina.
and _dop ..... .r,~ o~ Co~:nci] ~,f the Tovm of Marana, Arizona
da.z e , 1977.
ATTEST:
CLERK /