This article is adopted pursuant to the home rule authority granted to cities under Article 12, Section 5 of the Kansas Constitution. The purpose of this article is to regulate open burning within the corporate limits of the City of Overbrook, Kansas, in order to protect public health, safety and property.

(Ord.453)

Any burn ban declared by the Osage County, Kansas Board of County Commissioners or the Osage County, Kansas Emergency manager pursuant to the Osage County, Kansas Open Burn resolution shall automatically apply within the City for the duration of such declaration.

Nothing herein shall prevent the Governing Body of the City, or its duly authorized designee, including the Fire chief of the fire district providing primary fire protection services within the city, from imposing more restrictive burn limitations within the City as conditions warrant in the interest of public safety.

(Ord.453)

Violations occurring within the City shall constitute violations of this article and subject the offender to a fine of up to five hundred dollars for each violation.

Such violations shall be enforced by the Overbrook Police Department or other authorized law enforcement officers and shall be prosecuted in the Municipal Court of the City of Overbrook, Kansas.

(Ord.453)

The Fire Chief of the fire district providing primary fire protection services within the City, any designated fire officer, or any law enforcement officer may order any open burn extinguished immediately if:

(a)   The burn is conducted in violation of this article;

(b)   A burn ban is in effect; or

(c)   Conditions exist that pose a threat to life or property.

Failure to comply with such an order shall constitute a violation of this article.

(Ord.453)

Nothing in this article shall impair or limit the authority of the applicable fire district to assess and recover costs for fire suppression, response, or related services as authorized by Kansas law.

Any penalties imposed under this article shall be separate from and in addition to any lawful cost recovery by the fire district.

(Ord.453)