Section 3-5-D-3 EXEMPTIONS.

1. Open burning may be conducted in the City in compliance with the following provisions:
   1. Burn Permit Required: 
      1. The Fire Chief is hereby authorized to issue the following categories of open burning permits to allow open burning as described. Each permit requires a prior site inspection and is subject to the conditions of this Article, any requirements listed on the permit, and all oral directives of the Lenexa Fire Department.
         1. Residential permit: For open burning of land clearance materials. Residential open burning must not occur within 50 feet of any structure, vehicle, or combustible material, or within 200 feet of any structure which is not on the same property.
         2. Agricultural permit: For open burning of vegetation such as grass, woody species, crop residue and other dry plant growth for agricultural purposes. Agricultural open burning must not occur within 200 feet of any structure, and may be subject to additional approvals from the Johnson County Environmental Department.
         3. Commercial permit: For open burning of land clearance materials for commercial purposes. Commercial open burning must not occur within 200 feet of any structure and may require the use of an air curtain destructor and/or pit, as determined in the sole discretion of the Fire Chief. Commercial burns may be subject to additional approvals from the Johnson County Environmental Department. 
         4. Recreational permit: For open burning of campfires and other similar small recreational fires made of firewood. Recreational open burning must not occur within 25 feet of any structure, vehicle, or combustible material.
   2. No Permit Required:
      1. Portable wood-burning units: Use of a portable wood-burning unit is allowed in accordance with the following provisions:
         1. The portable wood-burning unit shall be used to burn only traditional firewood or commercial fire starting products intended for use in such units. It shall not be used to burn refuse, land clearance materials, or similar items.
         2. The portable wood-burning unit shall not be located in City right-of-way, sidewalks or streets, and shall be located at least 25 feet from the nearest building or structure which is not on the same property as the portable wood-burning unit.
         3. The portable wood-burning unit shall be attended at all times while in use, and shall not cause an unreasonable nuisance or annoyance, or unreasonably interfere with the enjoyment of life or property.
      2. Grills and other outdoor cooking appliances: Use of a grill or outdoor cooking appliance is allowed in accordance with the following provisions:
         1. The grill or outdoor cooking appliance shall be used only to burn items or products intended for use in such units, such as charcoal, wood, propane or natural gas. It shall not be used to burn refuse, land clearance materials, or similar items.
         2. The grill or outdoor cooking appliance shall be monitored at all times while in use by a person in reasonable proximity, and shall not cause an unreasonable nuisance or annoyance, or unreasonably interfere with the enjoyment of life or property.
      3. Fire Suppression Training: This Article does not apply to burns or fires set for the purpose of instruction and training, if conducted under the direction and supervision of the Lenexa Fire Department. 
2. Failure to comply with any of the requirements for exemption shall constitute a violation of this Section, and is punishable as provided in Section 3-5-D-7.