 A nicely mown lawn, trimmed trees and shrubs, flower gardens, and
even vegetable gardens not only add to the curb appeal of a home,
but also add to the overall appearance of a community.
In addition, taking care of a lawn can cause a contagious
reaction, as many times, one neighbor cleaning up his or her lawn
will result in other neighbors following suit.
However, when the work is done, sometimes there is an issue that
needs to be addressed, a burning issue if you will, of what to do
with everything that was trimmed off, cut off, picked up and piled
up.
When residents choose to set fire to some of their waste, they
may very well be violating city ordinances and prompting a visit
from the city fire department in the process.
Over the last few weeks, the fire department has averaged one to
two calls per week for unauthorized burning or the burning of trash.
According to Chief Mark Miller of the Lincoln Fire Department,
many of these calls could be avoided if the public were more aware
of what the city ordinances regarding burning are.
"There are designated days and hours that folks can burn their
yard waste. Most of the time, the problem is that they are burning
on the wrong days. When we talk to them about it, a lot of them say
they didn't know they were only allowed to burn on certain days,"
Miller said.
Below is the portion of city code that applies to burning within
the city limits of Lincoln:
(Copy)
(E) No person shall
set fire to any items, whether it be leaves, rubbish or other
combustible material within the city limits unless that burning is
as follows:
1. The burning of
fuels for legitimate campfire recreation and cooking purposes, or in
domestic fireplaces, in areas where such burning is consistent with
other laws; provided that no garbage shall be burned in such cases.
However, prior to having an affair commonly known as a wiener roast
or similar outdoor function any time during the year, the owner of
the property or persons holding said function, shall be responsible
to contact the fire department and receive permission for said
outside burning. (Ord. 263, 10-17-1988)
2. (a) Between
April 1 through October 1 on Tuesdays, Thursdays, and Saturdays,
from eight o'clock (8:00) A.M. until six o'clock (6:00) P.M.,
residents of the city shall be entitled to burn landscape waste
only.
(b) Between October
2 through March 31 on Tuesdays, Thursdays, and Saturdays, from eight
o'clock (8:00) A.M. until five o'clock (5:00) P.M., residents of the
city shall be entitled to burn landscape waste only.
(c) Any landscape
waste that is burned pursuant to the provisions hereof shall be
burned until the fire is completely out, no later than the times set
forth above, and shall be attended to by the individual conducting
the landscape waste burn. Any burning done pursuant to the
provisions hereof shall be done only on concrete or brick streets or
concrete, brick or paved areas of a citizen's property, but the
location of such burning must be a minimum of fifty feet (50') from
any structure, and the individual conducting the burn must have an
operable hose, of sufficient size and capacity to extinguish the
fire, available at the burning site at all times.
(d) Pursuant to the
provisions of this subsection (E)2, only landscape waste may be
burned and must be burned in the open and shall not be contained in
any barrel or other similar device. "Landscape waste" is hereby
defined as any vegetable or plant refuse except garbage and
agricultural waste. The term includes trees, tree trimmings,
branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard
trimmings.
(e) Notwithstanding
anything herein contained to the contrary, any police officer or
firefighter of the city of Lincoln, or the Lincoln city code
enforcement officer may require any fire being burned pursuant to
the provisions hereof to be extinguished if, in his or her opinion,
such fire and the related smoke there from are injurious to the
health or safety of any other citizens of the city. If so requested,
pursuant to this subsection any citizen shall immediately extinguish
such fire and the failure to do so shall result in the penalties as
hereinafter set forth.
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 3. Any violation of
this subsection shall be punishable by a fine of not less than
twenty five dollars ($25.00) for the first offense; fifty dollars
($50.00) for the second offense; and seventy five dollars ($75.00)
for the third offense within a calendar year. Any offense beyond the
third offense in a calendar year shall result in a fine of up to
five hundred dollars ($500.00). (Ord. 652, 8-20-2007)
The ordinance seems pretty cut and dried, but sometimes those
doing the burning sway a little from the rules, and Miller is asking
only that readers examine the ordinance and know what they can and
cannot do.
Calling the fire department out for a fire such as this is costly
and easily avoided if folks will pay attention.
When burning yard waste, it should be only yard waste. Don't use
trash to start the fire, and don't add items such as seed or
fertilizer bags to the burn pile.
Miller was asked about campfires in the city limits and said that
yes, they are allowed with certain provisions.
He asked that anyone who is planning on building a campfire on
their property for a party or other such event, please call the fire
department and tell them.
Miller said that when notified in advance, the department will
advise the caller of what time the fire must be put out, and
generally folks will be told they can keep their fire going later
into the evening, although by ordinance, fires are expected to be
extinguished by 6 p.m. during the summer months.
Miller also noted that campfires must be constructed of wood
products only and that food-grade starter fuels such as charcoal
lighter fluid can be used.
Regardless of what the fire may be or whether or not the
department has been notified, if a call comes in for a fire, the
department must respond.
Miller expressed that they can't be too careful. When someone
sees what they believe is a fire at a property, it must be checked
out.
"When it is fires where we know there is wiener roast for
example, we still have to go, with a fire truck," he said. "We don't
use lights and sirens on those trips, but we go, check it out, make
sure everything is being done right and that the fire is under
control."
Even when the burn is taking place on the right day and time,
there may be instances when the police, city code officer or the
fire department will visit and ask that the fire be extinguished.
This is part of the ordinance regarding public safety.
If the fire is presenting a health hazard to other residents in
the community, then city officials have the right to order it
extinguished.
For residents who find they have neighbors with health issues,
their best answer for disposing of their landscape waste might be
the city landfill. The landfill is open at specific times and days
during the summer. To find out when, contact Tracy Jackson of the
city street department or check the city of Lincoln
website.
[By NILA SMITH]
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