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(1) Except as provided in this Section, it shall be unlawful for any person to create or permit to be created an open burning of any kind.

(2) The following burnings are exempt from Subsection (1) of this Section:

(a) Upon obtaining all necessary permits, those held on property zoned as “agriculture” as said term is defined in Title 14 of the Provo City Code, as amended, and designated as agricultural on the Provo City Zoning Map, as amended; and

(i) Are incident to horticultural or agricultural operations of:

(A) Prunings from trees, bushes, and plants; or

(B) Dead or diseased trees, bushes, and plants, including stubble;

(ii) Controlling weed growth along ditch banks incident to clearing these ditches for irrigation purposes; or

(iii) Heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards established by the federal “Clean Air Act” as amended and the state of Utah “Air Conservation Act” as amended.

(b) For the purpose of outdoor cooking, contained barbecues or pits with a cooking area no larger than six (6) feet in diameter.

(c) Other outdoor cooking facilities meeting the approval of the authority having jurisdiction.

(d) Other open fires, fireworks, torches or open burnings specifically allowed for under another portion of the Provo City Code after obtaining any necessary approval of the authority having jurisdiction.

(e) Controlling weed growth along ditch banks incident to clearing these ditches for irrigation purposes after obtaining any necessary approval or permit.

(f) Controlled burning of not more than two (2) structures per year under the direct control of the Provo City Fire Department for the purpose of training fire service personnel when the United States Weather Service clearing index is above five hundred (500).

(Enacted 1995-75, Am 2014-01)