City of Hannibal Open Burning Ordinance
CHAPTER 12, ARTICLE III, OF THE CODE OF THE CITY OF HANNIBAL
Sec. 12-78. - Additions to code
(a) Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Garbage means refuse resulting from the handling, processing, preparation, cooking and
consumption of food or food products.
Landscape waste means any accumulation of grass or shrubbery cuttings, tree limbs, leaves, and
other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.
Open burning means the combustion of any matter in the open or in an open dump. The
combustion of any matter, except in a closed chamber; for the purpose of this definition, a
chamber shall be regarded as enclosed when provided, during the time combustion takes place,
with only such apertures, ducts, stacks, flues or chimneys as are necessary to provide combustion
air and to permit the escape of exhaust gases.
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, political subdivision, state agency or any other
legal entity, or their legal representative, agent or assigns.
Refuse means any discarded matter, including garbage, or any matter which is to be reduced in
volume or otherwise changed in chemical or physical properties in order to facilitate its discard,
removal or disposal.
(b) Prohibitions/Restrictions.
(1) With the exception of landscape waste, no person shall cause or allow open burning except as
provided in subsection (c) of this section. The burning of refuse, including garbage, is prohibited
by this code without any exceptions.
(2) Allowed burning shall be between the hours of 6:00 a.m. and 6:00 p.m., and the fire shall be
completely extinguished by 6:00 p.m.
(3) The fire shall be attended at all times by a competent person of at least 16 years of age;
(4) There shall be fire extinguishing equipment and a water supply at the burning site sufficient
to completely extinguish the fire in a reasonable period of time. The extinguishing agent must be
capable of causing the fire to immediately start to go out upon application of such agent;
(5) Water hoses shall be equipped with nozzles, and the hose shall be maintained charged during
the period of such burning;
(6) Such fire shall be limited in size to an area of no more than 24 feet in diameter and shall not
exceed six feet in height.
(7) No person shall cause or allow the burning of refuse in any open chamber or apparatus
(barrel). An enclosed chamber or apparatus (incinerator) must be designed for the purpose of
disposing of the class of refuse being burned.
(8) Such open burning shall be allowed only on the premises on which such landscape waste is
generated;
(9) No person shall cause, build or light any fire so close to any building or structure as to
endanger such building or structure, or on any public street, alley or sidewalk pavement. The
location of the open burning site shall be at least 50 feet from any building or any other structure,
including fences, etc.;
(c) Exemptions from prohibition.
The following activities are not in violation of this article:
(1) Fires set to combat existing fires. The setting of fires to combat or limit existing fires, when
reasonably necessary in the judgment of the responsible government official;
(2) Campfire, recreational and cooking fuels. The burning of fuels for legitimate campfire,
recreational and cooking purposes or in domestic fireplaces, in areas where such burning is
consistent with other laws; provided that no garbage shall be burned in such cases;
(3) Burning waste gases. The burning of waste gases, provided that in the cases of refineries all
such flares shall be equipped with smokeless tips or comparable devices to reduce pollution;
(4) Flames for heating tar, etc. Small open flames for heating tar, for welding, acetylene torches,
highway safety flares and the like;
(5) Open burn orders permit from EPA or Missouri Department of Natural Resources (DNR).
Open burning conducted in accordance with a permit granted by the Environmental Protection
Agency or the Department of Natural Resources of the state.
(d) The fire chief, or his designee, has the authority to implement burn bans if determined that
weather conditions or operational practices make such open burning dangerous to life or
property. In the event that a burn ban is implemented, then no burning shall be allowed, until
such time as the burn ban shall be lifted. Notice of burn bans shall be released to local media. It
shall not be a defense to an alleged violation of a burn ban that the defendant was not aware of
the ban.
(Code 1988, § 12-76.1; Ord. No. 3609, § 2, 12-1-1987; Ord. No. 4553, § 1, 12-21-2010)