Minutes 10/08/1974 - Laserfiche WebLink

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liS TUESDAY OCTOBER 8, 1974 Upon recommendation of City Manager Noland and Fire Chief John Lloyd Gregory, Council unanimously adopted--with emergency clause attached--the following ordinance amending and re-enacting Section 8-3 of the City Code, revising restrictions and conditions regulating the open burning of leaves, weeds and/or shrubbery clippings: BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular meeting assembled this eighth day of October, 1974, that Section 8-3 of the Code of the City of Martinsville, Virginia, shall be amended and re-enacted to read as follows: A. Nothing in this ordinance shall be in any manner so construed as authorizing or permitting the creation or maintenance of a nuisance. B. Nothing in this ordinance shall be construed as to abridge, limit, obviate or negate any of the terms or conditions set forth in Section 11-17 of this code. C. Nothing in this ordinance shall be construed as to be in conflict with applicable rules and regulations of the State Air Pollution Control Board pursuant to Section 10-17.10 through Section 10-17.30 of the Code of Virginia of 1950, as amended. D. Any burning of leaves, weeds or shrubbery clippings permitted under the terms of this ordinance shall not be commenced, or shall be immediately terminated, upon declaration of an alert warning or emergency stage in what is known as an "Air Pollution Episode" when so proclaimed by either the Executive Director of the State Air Pollution Control Board or his designated representative, nor will open burning be permitted during such periods of extreme drought conditions that forest lands, brush and grass become so dry or parched as to create an extraordinary fire hazard. E. With the prior approval of an officer of the City Fire Department, open burning of leaves, weeds or shrubbery clippings originating or situated on the premises of private residences may be carried out when: 1. Such burning is done between 9:00 A.M. and 5:00 P.M. when all embers are extinguished by 5:00 P.M., and when no material is added to the fire between 3:00 P.M. and 9:00 A.M. 2. The location of burning is not less than 50 feet from any occupied building unless the occupant has given prior written permission. 3. The fire is attended at all times, so as to minimize the possibility of conflagrant or contaminative emission from inadvertent fires. 4. Notwithstanding the provisions of this ordinance or any other provision of law, if an officer of the Fire Department finds that anyone carrying out an open burning operation is contributing to air pollution and that such pollution creates an emergency which requires immediate action to protect the public health or safety, he shall cause the immediate discontinuance of such air pollution. An emergency existing, this ordinance shall be in force on and after October 9, 1974.