It shall be unlawful for any person, firm or corporation to allow to accumulate in any part of any building or outside of and adjacent to any building or in any alley, sidewalk or street within thirty (30) feet of any building, any rubbish, trash, waste paper, excelsior, empty boxes or barrels.

It shall be unlawful for any person to deposit or stack any hay or straw within five hundred (500) feet of any building located in the fire limits.

Packing material shall be kept in metal or wooden, metal lined bins having self-closing or automatic covers. Refuse from rooms where packing or unpacking is done shall be removed daily.

It shall be unlawful for any person to burn trash, rubbish, leaves, lumber, straw, grass or other combustible material in any public grounds of the city, or to burn the same in any concrete gutter or on any street or alley improved by concrete or brick or asphalted pavement or by petroleum products.

No wooden building or wooden addition to buildings shall be constructed within said fire limits. If any building or addition thereto within said fire limits shall be destroyed or injured to the extent of one half of its value, the same shall not be rebuilt or repaired with wooden material. No wooden building shall be moved from one point to another therein. All buildings or additions thereto hereafter constructed within said fire limits shall have walls of brick, stone or concrete. Such walls, if a party wall or concrete and more than one story high shall be at least twelve inches thick and if of a stone shall be at least eighteen inches thick, the same shall have substantial fire walls extending at least two feet above the roof. All such buildings shall have a roof of metal, slate, asbestos or slow burning material, and in no case shall the same have a wooden or shingle roof. Upon application to the council, permission may be granted to erect any other kind of building within said fire limits which in their judgment do not increase the fire hazard. Any person desiring to erect such building shall first make application to the council and in such application shall describe in particular the character of structure which he proposes to build, giving its size, location and kind of roof, walls, floors and the ceilings thereof.

It shall be unlawful for any person, firm or corporation to cause or create anywhere within the city, or to permit or suffer on any premises under his or their control any situation or condition that is conducive to or likely to cause or permit the outbreak or spreading of fire. The placing of stools, benches, chairs or any other obstruction in the aisle, hallways, doorways or exits of any auditorium, church or other place of indoor public assemblage, or the failure to provide all such places with sufficient, accessible and unobstructed fire exists and escapes shall be a fire hazard.

The burning of trash, garbage or rubbish shall be unlawful within the City Limits of the City of Peabody, Kansas, unless a permit to burn is first obtained as provided for in Section 5-108. Provided further that before burnt trash, or rubbish is collected by the City or a franchise contractor, the same shall be placed in proper containers as defined in Section 7-406.

No papers, shavings, weeds, brush, grass leaves, trash, rubbish, tree trimmings, building materials, etc., shall be burned at any time in the city except only as follows:

(a)   Burn permits. The burning of refuse, building material or any burnable nonputrescible waste may be permitted within the City Limits of the City of Peabody if an application is made and a permit is obtained from the City Clerk of the City of Peabody. Application for a permit to burn as provided for in this section must be filed with the City Clerk of the City of Peabody at least 24 hours prior to the time the applicant intends to burn. Said application shall contain the following information:

(1)   What is to be burned;

(2)   Location where burning will take place;

(3)   Date and time burning will take place;

(4)   Name of person who will assume responsibility for burning.

All applications received by the City Clerk shall be retained for a period of three days. Applications are valid for three days after the date of issuance. Applicant and/or individual that have been designated as the responsible party to supervise fire from ignition to completion will assume responsibility for contacting Marion County Dispatch at 620-382-2144 before starting the fire.

In the event an application is approved by the City Clerk and a permit is issued, the Fire Chief may revoke the permit at any time if he deems that a fire hazard is likely to occur if the burning is permitted.

If a permit is denied by the City Clerk, the applicant may appeal the decision to the City Council who shall then determine if a permit should be issued.

(b)   Public burning areas. The governing body may make provision for an area where the burning of materials may be allowed by residents of the city without the necessity of a burning permit being first obtained, the use of which shall be subject to such rules and regulations as the governing body may establish from time to time. Copies of the current rules and regulations shall be maintained by the city clerk and made available to residents upon request. The designated area shall be posted in such a manner to advise that use of the area is subject to rules and regulations which are available through the city clerk, the violation of which is subject to substantial penalties; or, as an alternative thereto, the text of the rules and regulations and penalties may be posted. The effectiveness of such rules and regulations shall not, however, be dependent upon such posting.

(c)   Certain times prohibited. There shall be no burning permitted in City limits, whether or not a permit has been obtained, between the hours of 12:00 a.m. to 6:00 a.m.

(Ord. 873; Ord. 12-2006; Code 2016; Ord. 02-2023)

Any person violating any of the provisions of this article shall, upon conviction, thereof be fined in any sum not exceeding $100, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned; except however that the prescribed fine for violations of the provisions of subsection (b) of section 5-108 shall be in any sum not exceeding $500.

(Ord. 873; Ord. 12-2006; Code 2016)