Chapter 7 · Fire

Article 2. Fire Prevention

Sections 7-201 to 7-209 · 9 sections

7-201 Open burning.

Osage County Resolution No. 22-25 is hereby adopted and shall apply within the corporate limits of the City of Carbondale, Kansas as fully set forth herein.

(a)Open burning regulations: Open burning within the corporate city limits shall not occur without complying with the permit application process established under Osage County Resolution No. 22-25, and without first complying with the permit application process, the existence of appropriate atmospheric conditions, and other restrictions set forth in said Resolution.

(b)Penalties: Any violation of the provisions of Osage County Resolution No. 22-25, as incorporated by the incorporating ordinance shall be subject to the enforcement actions outlined in said Resolution and penalized as a class A violation as set forth in section 12.1 and 12.2 of the Uniform Public Offense Code of Kansas Cities as adopted the Governing Body of the City of Carbondale.

(Code 2014; Ord. 552)

7-202 Accumulation of rubbish and trash.

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.

(Code 2014)

7-203 Stacking of hay or straw.

It shall be unlawful for any person to deposit, stack or store any hay or straw within 500 feet of any building located inside the fire limits of the city.

(Code 2014)

7-204 Keeping of packing materials.

It shall be unlawful to keep excelsior or other packing material in anything other than metal or wood metal line boxes or bins having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 2014)

7-205 Storage of ashes.

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

(Code 2014)

7-206 Filling gasoline tanks of motor vehicles.

(a)The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(b)It is unlawful to store or dismantle gas tanks of any kind on property within the city limits.

(Code 2014)

7-207 Fire hazards generally.

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spreading of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful.

(Code 2014)

7-208 Hazardous materials.

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include, but is not limited to:

(a)Explosive materials;

(b)Rags or other waste soaked in volatile and flammable materials;

(c)Chemicals;

(d)Poisons;

(e)Radio-active materials;

(f)Highly combustible materials;

(g)Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;

(h)Paint;

(i)Tires;

(j)Freon; and,

(k)Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

(Code 2014)

7-209 Prohibited practices.

It shall be unlawful for any person to:

(a)Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;

(b)Interfere in any manner with employees of the city or its contractors in the collection of solid waste;

(d)Bury refuse at any place within the city except that lawn and garden trimmings may be composted.

(e)No materials for refuse removal, including trash containers, may be placed curb side prior to 5:00 p.m. the day before the scheduled trash pickup day. All trash containers must be removed from curb side no later than 9:00 p.m. the day of the scheduled trash pickup.

(f)Except as provided in section (g), No trash containers, including temporary or permanent structures, may be placed or constructed in the city easement.

(g)An owner or occupant may apply for a permit from the city council requesting that they be permitted to have a temporary structure in the city easement for trash containers. A permit may be granted if an owner or occupant demonstrates that because of age, illness or disability a temporary structure in the city easement is needed and that the temporary structure does not interfere with water drainage or any other city function.

(Code 2014)