A. It is unlawful for any person or persons to bum rubbish at any place within the city excepting between the hours of six a.m. and ten a.m., of any day, and such rubbish so burned between those hours shall be burned only in incinerators which are so constructed that sparks and burning brands of sufficient size to ignite buildings, structures or adjoining combustible materials are not emitted; provided, however, that the rubbish may be burned at any time in properly constructed incinerators within a building; and provided, also, that rubbish, grass, tree trimmings and other combustible materials may be burned in the vacant portions of lots within the city at any time upon permission therefor obtained from the city clerk, in writing upon such form as shall be prescribed by the fire chief and approved by the city council.

B. The chief of the fire department may delay the issuance of any such permit, postpone the time provided therein for burning, or revoke any such permit at any time when, in his judgment, conditions exist which might cause the burning of such rubbish to be or become hazardous.

C. Any expense incurred by the city in suppressing any fire resulting from burning pursuant to any such permit or for the protection of property endangered by burning pursuant to any such permit shall be borne by the permittee, and the permittee, by applying for such permit, shall be deemed to have agreed to bear all such expense, which expense shall be in accordance with the rates established by the chief of the fire department of the city and approved by the city council. (Ord. 117 § 13, 1972)