There is hereby incorporated by reference, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the Sedgwick County Fire Code, 2018 Edition, adopted pursuant to Sedgwick County Resolution No. 218-2019, and any amendments thereto, or any subsequent version of said Code duly adopted by Sedgwick County, save and except such portions as are deleted and/or modified by the provisions of Section 7-102 below. No fewer than three (3) copies of said Sedgwick County Fire Code, 2018 Edition, shall be marked “Official Copy as adopted by Ordinance No. 1081-2019”; shall have a copy of said ordinance attached; and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.
(Ord. 1081)
All references in the adopted Sedgwick County Fire Code, 2018 Edition, to the sale and use of fireworks, to the extent that such references conflict in any way with the provisions contained in Chapter 7, Article 2 of the Municipal Code of the City of Park City, Kansas, as those provisions may, from time to time, be amended or modified, are hereby nullified and held for naught.
(Ord. 1081)
(a) It shall be unlawful for any person to conduct or permit within the City of Park City, Kansas, any open burning of any materials wherein contaminants resulting from such combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber as described in subsection (c) hereof; provided that such open burning prohibition shall not apply to (1) open fires for cooking or ceremonial purposes in facilities constructed specifically for such purposes, provided that any such fire so started shall be extinguished and made safe before the person starting or maintaining the same shall leave the place where the fire was started, or (2) the burning of combustible material in indoor fireplaces.
(b) That there shall be excluded from the prohibition on burning described in subsection (a) herein above the burning of trees, tree limbs, and other similarly describable tree waste material, as well as tree and shrub brush, if the same is proposed to be burned by the owner or occupier of property zoned commercial, zoned agricultural or an undeveloped residential area, and if the proposed burner of the said brush or trees has otherwise acquired an appropriate permit from the authorities of Sedgwick County, and the proposed burner has acquired written permission from the Zoning Administrator of the City of Park City, Kansas, after the determination that the said proposed burning is not otherwise inconsistent with the health and safety concerns of the City, and upon being satisfied as to the safety precautions being taken by the proponent of the burning the permit is granted.
(c) An enclosed chamber device or structure used for the destruction, or volume reduction of garbage, rubbish, solid liquid or solid waste materials by combustion pursuant to disposal or salvaging operations may be used, provided that such device has multiple chambers consisting of three (3) or more refractory-lined combustion furnaces in series, physically separated by refractory walls, inter connected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned, or complies with any alternative state regulations applicable to incinerators.
(d) It shall be prima-facie evidence that the person who owns or controls property on which open burning occurs has caused to permit its said open burning.
(e) “Person”, for purposes of this Article, shall mean every natural person, firm, co-partnership, association or corporation.
Any person, individual, partnership, corporation or association who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred ($500.00) dollars or by imprisonment for not more than one (1) year, or both.
The City of Park City is specifically excluded from the terms and conditions of this provision, as is any other governmental body or subdivision thereof or agency acting under the color of authority of a governmental body seeking to engage in the open burning of any materials where in contaminants resulting from such combustion are emitted directly into the ambient air without passing through an enclosed chamber described in herein above.