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City Ordinance 1640 regulates opening burning on private and public property.

4-903.           RESPONSIBILITY OF FIRE CHIEF.  The Fire Chief and or the chief’s delegated subordinates will be charged with the responsibility of insuring that controlled burns are carried out in accordance with state and city statute.


4-904.           BURNING ON PUBLIC PROPERTY PROHIBITED, EXCEPTIONS.  Burning on Public property is prohibited except for cooking purposes in a grill, fireplace or barbecue facility, or in a designated fire pit located at Herington Lake/Reservoir.  The Fire Chief or his subordinate shall have the right to band out door cooking and fire pit burning on any public property if in his opinion fire safety is a concern.


4-905.           OPEN BURNING ON PRIVATE PROPERTY.  That no person, within the city limits of the City of Herington, Kansas shall cause or permit the open burning of any material except as provided in Kansas Administrative Regulation 28-19-645, et seq. and subject to the following:


                    The person starting said burn must give prior notification to the Herington Fire Department of Herington, Kanas at 785-258-3020, or the Dickinson County Emergency Communications Center at 785-263-4041 or 1-888-800-0417, providing the following information:


(a)  Name, address, phone number of person responsible for burn.

(b)  Exact location of intended open burning operation.

(c)  Type of material being burned.

(d)  Time of burning operation.  Person must call in prior to starting the fire.


The responsible person shall remain in continuous attendance with the burning operation and with the ability to extinguish the fire and report its status if necessary to the Dickinson County Emergency Communications Center.


No burning shall take place within 150 feet of any structure, oil tank or vehicle(s).


No burning shall take place when wind speeds are 15 mph or greater.


Burning shall not be initiated after sunset or before sunrise unless conducted for agricultural or crop rotation purposes.


Burning of any type or character shall be prohibited at any time or place within the city limits at any time that a county burn ban is in effect as declared by Dickinson County, Kansas.


That a violation of this ordinance shall be a Class B misdemeanor with a fine not to exceed $1,000 and/or up to six (6) months incarceration.  Prosecution shall be in the Municipal Court of the City of Herington, Kansas.  Further, any person starting said fire without complying with the above may be ordered to make restitution for any damages done including fire department fees and expenses.


City of Herington 17 N. Broadway,   Herington, KS 67449    -    785-258-2271
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