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Chapter 97: Fire Prevention and Protection
Code of Ordinances for the City of Wayne, Nebraska


Chapter 97: Fire Prevention and Protection

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Cross-reference:

Fire Department, see Ch. 36

97.01 Lawful Entry of Fire Chief

It shall be the duty of the owner, lessee or occupant of any building or structure, except the interiors of private dwellings, to allow the Fire Chief or his or her agent to inspect or cause to be inspected as often as necessary the structure for the purpose of ascertaining and enumerating all conditions in the structure that are likely to cause fire, or any other violations of the provisions of the city’s ordinances affecting the hazard of fire.

(2002 Code, § 38-54)  Penalty, see § 10.99
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97.02 Violation Notice

It shall be the duty of the owner, lessee or occupant of any building or structure that was lawfully inspected and who receives written or verbal notice of a violation of any of the provisions of the city’s ordinances to correct the condition that violates the city’s ordinances within five days from the date of receipt of such notice.

(2002 Code, § 38-55)  Penalty, see § 10.99
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97.03 Fire Limits Defined

The following three fire limits in the city shall be and constitute the fire limits.

(A)  Fire Limit 1 shall consist as follows: Commencing at the intersection of Second Street and Lincoln Street, thence due south approximately 600 feet to the extension to Fairground Avenue extended west, thence east to Pearl Street, thence south approximately 700 feet, thence east approximately 800 feet to the extension of Logan Street extended, thence north to the intersection of Logan Street and the Chicago Northwestern Railway, thence northeasterly on a diagonal line along the right-of-way of the Chicago Northwestern Railway to Nebraska Street, thence northerly to a point halfway between Second Street and Third Street, thence westerly one-half block to the alley between Nebraska Street and Logan Street, thence north to Fifth Street, thence west to the alley between Main Street and Logan Street, thence north to a point 100 feet north of Seventh Street, thence west one block to the alley between Main Street and Pearl Street, thence south to Third Street, thence west one block to the alley between Pearl Street and Lincoln Street, thence south one block to Second Street, thence west to the point of beginning.

(B)  Fire Limit 2 shall consist of all the area in the city zoned B-1, I-1 and I-2, except that portion included in Fire Limit 1.

(C)  Fire Limit 3 shall comprise all of the property in the city not included in Fire Limits 1 and 2.

(2002 Code, § 38-56)
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97.04 Candles

No person shall use open flame or burning candles for the purpose of light or decoration in any public assemblage buildings, except as an approved candelabra, mounted at a sufficient height and of such stability as not to constitute a fire hazard to life or property.

(2002 Code, § 38-57)  Penalty, see § 10.99
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97.05 Flame-Proof Decorations

Drapes, decorations, scenery or other flammable materials in places of public assemblage shall be flame-proof.

(2002 Code, § 38-58)  Penalty, see § 10.99
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97.06 Hay

It shall be unlawful for any person to have, keep, suffer or permit any hay, straw, trash, dry litter or other flammable substance, unhoused or uncovered and unprotected from fire, on any lot, lots or parcels of land in the city.

(2002 Code, § 38-59)  Penalty, see § 10.99
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97.07 Vacant or Unoccupied Building

Whenever any vacant or unoccupied building or structure is found by the Chief to be not properly secured or enclosed, he or she shall give written notice to the owner or person having control of such building or structure to properly secure or enclose the building or structure within 24 hours after the receipt of the notice so as to prevent unauthorized persons from gaining access; and any person so notified shall comply with the terms and conditions of the notice.

(2002 Code, § 38-60)  Penalty, see § 10.99
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97.08 Open Burning Ban; Waiver

(A)  (1)   There shall be a city-wide open burning ban on all bonfires, outdoor rubbish fires and fires for the purpose of clearing land, including the extraterritorial jurisdiction of the city.

(2)   The Fire Chief or his or her designee may waive an open burning ban issued under this section for an area under his or her jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning.

(3)   The permit issued by the Fire Chief shall be in writing, signed by the Fire Chief and on a form provided by the State Fire Marshal.

(B)  The Fire Chief or his or her designee may waive the open burning ban in his or her district when conditions are acceptable to the Chief. Anyone burning in such district when the open burning ban has been waived must notify the Fire Department of his or her intention to burn.

(2002 Code, § 38-61) Penalty, see § 10.99 (Ord. 2018-2, passed 1-16-2018)

Statutory reference:

Related provisions, see Neb. RS 81-520.01
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