Chapter 123 – Open Burning

(ORD # 5-94)


Chapter 123 — Open Burning


123.010.  (ORD # 7-13)  Open burning of trees, leaves, brush or any other type of vegetation requires an open burning permit. (Ref. 105.6.30 open burning International Fire Code.)


Section 1. This ordinance shall be in full force and effect after its passage.


Section 2. Severability. If any section, subsection, sentence, clause,

phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.



  1. (ORD # 7-13) Such material shall be burned only between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday: however, during daylight savings time only, such material may be burned until 8:00 p.m. Monday through Saturday.


  1. Burning on Sundays is prohibited.


  1. Open fires must be 50 feet from any structure, vehicle, fence, or any other object that could be subject to catch fire.


  1. All open fires must be watched at all times.


  1. Any person burning materials must have fire extinguishing equipment available for immediate use.


  1. Fires may not be burned when windy or dry conditions make it dangerous or when conditions give the fire a chance to spread.


  1. If smoke becomes offensive to neighbors, the fire must be extinguished.


  1. No burning will be allowed under or near any overhead lines (electric, telephone, cable, etc.).


  1. Standing or razed structures may only be burned with the written approval of the Holden Fire Department. Prior to issuing such written approval, the Fire Department shall inspect the structure to be burned and the Fire Department shall only issue written approval to burn the structure if it can be burned safely, considering the restrictions listed above.


123.020.    No person shall burn or cause to be burned any garbage, straw, hay, rubber, plastic, asbestos-containing materials or any other combustible material except those materials listed in Section 123.010.


123.030.    No business within the city limits shall burn any material.

123.040.    Recreational bonfires, or fires used for the preparation of food are excluded from the restrictions listed in subparagraphs 1 and 2 of Section