(a) Any landowner desirous of burning any structure located upon the landowner’s property located within the city, shall present the city fire chief with a written request to burn the structure.
(b) It shall be the duty of the city fire chief to make the initial determination as to the advisability of burning the structure.
(c) The fire chief shall report his or her decision to the city council at the next regularly scheduled meeting, and that decision shall be final unless reversed by majority vote of the council.
(d) The actual burning of the structure shall be conducted exclusively by the city fire department at and under the direction of the city fire chief or his or her designee.
(e) No burning should be conducted until a release from the property owner(s) is signed and on file in the city clerk’s office.
(Ord. 894, Secs. 1:4; Code 1994)
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 1994)
It shall be unlawful for any person to deposit, stack or store any hay or straw within 50 feet of any building located inside the fire limits of the city.
(Code 1994)
It shall be unlawful to keep excelsior or other packing material in any 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 1994)
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, dumpsters, trash cans, or dumped in contact with or in close proximity to any combustible materials.
(Code 2003)
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.
(Code 1994)
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 1994)
It shall be the duty of the fire chief to inspect or cause to be inspected by fire department officers or members, as often as may be necessary all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels and rooming houses have sufficient and unobstructed facilities for escape therefrom in case of fire.
(Code 1994)
Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.
(Code 1994)
Any order made under section 7-209 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post-office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and/or occupant.
(Code 1994)
(a) Upon order of the Fire Chief of the City of Oswego, Kansas, or by the Board of County Commissioners of Labette County, Kansas, that conditions are such that a fire hazard exists within the city or county or both, the following acts shall be prohibited:
(1) The careless use or discard of smoking materials, including but not limited to cigarettes, cigars and smoking pipes. Discard shall be in a manner so as to preclude threat from smoldering remains and litter.
(2) The building, maintaining, attending or using any open fire or flame, trash fire or camp fire, except in permanent stoves or fireplaces or barbecue grills in developed recreational sites or residential lawns, which specifically preclude the escape of flame or ash.
(3) The burning of all fence rows, yards, fields, trash and debris.
(4) The discharge or explosion of any fireworks. Fireworks are those items as defined by the rules and regulations of the Kansas State Fire Marshal, and shall include but be limited to firecrackers, torpedoes, sparklers, Roman candies, sky rockets, pin wheels, canes, bombs, cannons or other like devices, and all classes of fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges.
(b) Any violation of this section shall be considered a Class C violation as defined by the Uniform Public Offense Code adopted and in effect by the City of Oswego at the time of the offense.
(Ord. 1196; Code 2013)