Every vendor of gasoline in quantities of 250 gallons or less shall keep all gasoline intended for sale in a red can, tank, barrel, or other receptacle which shall be labeled “gasoline” and have the proper Department of Transportation identification; and vendors of kerosene in quantities of 250 gallons or less shall keep all kerosene intended for sale in a can, tank, barrel, or other receptacle which shall be labeled “Flammable Liquid” and marked with proper Department of Transportation identification. Storage of flammable liquids greater than 50 gallons and less than 250 gallons must be properly dyked and securely anchored and inspected by the fire department. All vendors of gasoline who shall hereafter have more than 250 gallons of gasoline on hand shall keep the same in an underground tank designed and approved by the chief of the fire department and buried with the top not less than three feet under the ground and storage permitted shall be unlimited if not closer than 100 feet to any building; 20,000 gallons if not closer than 50 feet; 5,000 gallons if not closer than 20 feet; 1,500 gallons if not closer than 10 feet; 500 gallons if closer than 10 feet, in which case the tank must be entirely encased in six inches of concrete. All tanks must have the proper Department of Transportation identification. Any person convicted of violating any of the provisions of this section shall be fined an amount, set by resolution of the governing body from time to time, and each and every day that such storage tank is maintained in violation of this section after notification by the chief of the fire department shall be deemed a separate offense provided that this section shall not apply to any tanks now in use.

(Ord. 503, Sec. VII; Code 2016)

(a)   Open Burning Prohibited. The open burning of organic materials such as dry untreated wood, leaves, brush, or other lawn waste shall be permitted only in accordance with this Section 7-302 and pursuant only to written permits issued by the City. Open burning of all other rubbish, trash, or other debris is otherwise strictly prohibited.

(b)   Permit Required. Permits for open burning may be obtained during normal business hours at the Eudora Fire Department and shall be issued only to the legal owners of the property upon which the burning is proposed to occur, or their legally authorized representatives. Prior to commencing burning activities, the permit holder shall contact and notify the Douglas County Emergency Communication Center at the phone number provided on burn permit, of the permitted burning activity.   As a condition to receiving a permit for burning, the permit holder shall defend, indemnify, and hold the City harmless from and against any and all claim, damage, loss, and expense (including attorney’s’ fees) arising from or related to the permit holder’s burning activities.  Permitted open burning which becomes out of control will become subject to citation and fine established by resolution of the governing body from time to time. 

(c)Establishment of Permit Fees.  Establishment of Permit Fees. The fees for all burning permits shall be set by resolution of the governing body from time to time.  Such permits shall be valid for a period of three (3) days commencing on the date the permit is issued. A commercial, industrial, or construction site burning permit shall require an on-site inspection by the Fire Department or Codes Administrator prior to commencement of burning activities. Such permits shall be valid for a period of seven (7) days commencing on the date the permit is issued. All permits shall be read and signed by the applicant.

 (d)  Open Burning Restrictions and Guidelines.

(1)   Open burning must be a planned, controlled and monitored event taking into account existing and forecasted weather conditions and the safety of surrounding people and property. 

(2)   No burning shall be allowed in streets, alleyways, or ditches.

(3)   No burning shall be allowed underneath overhead wires, power lines, or transmission lines. There shall be no residential burning within fifty (50) feet of any structure.

(4)   No burning shall take place if the wind speed exceeds or may reasonably be expected to exceed fifteen  (15) miles per hour, and/or if the National Weather Service Rangeland Fire Index for Douglas County, Kansas  is currently or forecasted as “high”, “very high” or “extreme” at the time of burning.

(5)   Burning shall be limited to organic materials such as dry untreated wood, leaves, brush, or other lawn waste. The burning of petroleum-based products, tires, shingles, tar paper, plastics, hazardous materials, furniture, human or animal waste, and household trash is strictly prohibited.

(6)   Burning shall only occur and be performed during daylight hours.  Fire must be extinguished prior to sundown. 

(7)   Permit holders shall not engage in burning that will be or is reasonably offensive or objectionable due to smoke or odor emissions, and shall not engage in burning when atmospheric conditions or local circumstances would cause such burning to be hazardous or constitute a nuisance.  Burning which is determined to be hazardous or creating a nuisance will be cause for extinguishment and loss of permit fee.

(8)   Residential burn piles shall be no larger than five (5) feet in length, five (5) feet in width, and four (4) feet in height. For residential burnings, only one (1) pile shall be burned at any one time. 

(9)   Commercial burn locations require a site inspection by a fire code official to determine safe distance from structures based on size of burn pile. At no time shall a commercial burn pile be located within 100 feet of a structure.  

(10) The permit holder shall provide at least one (1) garden or similar type hose and an uninterrupted water supply. Such hose shall be capable of extending twenty (20) feet beyond the burn pile. A permit holder may use an alternative means of extinguishment (such as a bulldozer or tank truck) only with the express prior written consent of the Fire Code Official.

(11) All outdoor burnings shall be constantly attended and monitored at all times by a competent adult at least eighteen (18) years of age.

(12) The Fire Department, Police Department, or Codes Administrator shall have the authority to establish such other requirements or prohibitions on a permit-by-permit basis, as the need for protection of life, health, or safety may require.

(e)   Enforcement. The Fire Department, the Police Department, and/or the Codes Administrator may conduct inspections of outdoor burning activities. Permit holders shall provide copies of their permits to the Fire Department, Police Department, and/or Codes Administrator upon request. For life, safety, or health reasons, permits may be revoked at will by, and in such cases the permit holder shall surrender the permit to, the City Fire Department, Police Department, or Codes Administrator, and no reimbursement of the fees for such permit shall be had. All outdoor burning shall otherwise be conducted in conformance with the adopted fire code of and for the City of Eudora. The Fire Chief or Fire Marshal shall have the authority to declare burn bans within the City limits.

(f)    Penalties and Fines. Open burning without a permit, or failure to conduct open burning in conformance with the requirements of such permit or this Section, shall be, upon conviction thereof, punishable by a fine of an amount set by resolution of the governing body from time to time. 

(g)   Exceptions. A permit shall not be required for camp fires, recreational fires, or established burn pits; provided that, the same have first been inspected and approved by the Fire Department; and further provided that, the remaining provisions and restrictions of this Section shall otherwise remain applicable. Furthermore, this Section shall not be deemed to prohibit the use, without a permit, of outdoor candles, lanterns, decorative fire containers, ornamental ceramic ovens, or self-contained grills or smokers; provided that, the same may be subject to inspection or extinguishment by the Fire Department, Police Department, or Codes Administrator for life, health, and safety reasons; and further provided that, the remaining provisions and restrictions of this Section shall otherwise remain applicable.

(Ord. 503; Ord. 874; Code 2016)

All solid fuel burning devices and flue systems must meet the standards of the publications incorporated by reference in section 7-201. The installation of any solid fuel burning devices or flue system is to be inspected by the building code official.

(Ord. 503, Sec. IX; Code 2016)

Storage of pesticides and hazardous materials shall be done in accordance with the publications incorporated by reference in section 7-201.

(Ord. 503, Sec. X)