(a)   It shall be unlawful for any person, firm or corporation to burn rubbish in any street, alley, yard or vacant lot within the City except for recreational fires.

(b)   Recreational fires, defined as fires for pleasure, religious, ceremonial, cooking or other similar purposes, shall not be conducted within 25 feet of a structure, combustible material or property line unless contained in a barbecue grill, smoker, barbecue pit or outdoor fireplace. Conditions, which could cause a fire to spread to within 25 feet of a structure, shall be eliminated prior to ignition. Recreational fires shall be constantly attended by a person knowledgeable in the use of a fire extinguisher. A fully functional garden hose or a 4-A rating fire extinguisher shall be readily available for use at recreational fires. Outdoor fireplace is defined as a commercially designed and built outdoor fireplace with a protective spark arresting screen or a professionally built outdoor fireplace constructed of concrete or approved noncombustible materials. A barbecue pit is defined as a pit that has a circumference no greater than 3 feet and must have a depth of at least 1 foot. A barbecue pit shall be constructed of concrete or other approved noncombustible material. The opening of the barbecue pit shall be protected in a secured manner by wire screen covers, constructed of not less than No. 9 gauge wire and not greater than 1-inch mesh and must cover the entire circumference of the pit. Outdoor fireplaces and barbecue pits must be approved by the Fire Chief prior to their first use.

(c)   Discontinuance: The Designated City Representative is authorized to require that recreational fires be immediately extinguished if such fires are determined to constitute a hazardous condition or are being used to burn rubbish, trash, refuse, yard waste or if the Fire Chief or Assistant Fire Chief determines that smoke emissions are offensive to occupants of the surrounding property.

(Ord. 250; Ord. 364; Code 2018)

It shall be unlawful for any person to turn a false alarm of fire or turn in an alarm without reasonable or proper cause. It shall be unlawful for any person to aid or abet the turning in of a false alarm of fire.

(Code 2018)

It shall be unlawful for any person to place or cause to be placed, upon or about nay fire hydrant any rubbish, building material, fence, or other obstruction of any character whatsoever, or in any manner to obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. It shall be unlawful for any person to hitch or cause to be hitched to any fire hydrant, any animal or animals, or fasten to same any guy rope or brace, or back or stand any wagon, truck automobile, or other vehicle within 15 feet of any such hydrant.

(Code 2018)

It shall be unlawful for any person or persons to use any fire apparatus or equipment for any private purpose, or willfully and without proper authority remove, take away, keep or conceal any tool, appliance or other article in use by or under the control of the fire department.

(Code 2018)

Any person, firm or corporation violating any of the provisions of this article or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not less than $5 nor more than $100. A separate offense shall be deemed committed upon each day during which or on which a violation occurs or continues.

(Code 2018)

When in the opinion of the Ottawa County Board of Commissioners there exists a condition of extreme fire danger and the board has passed a resolution banning any type of open burning, the City of Bennington shall automatically recognize that burn ban and shall follow the procedures as outlined in the “Standard Operating Procedures for Imposing and Lifting Ottawa County Burning Ban” as promulgated by the Ottawa County Emergency management Director.

(Ord. 308; Code 2018)

The fire limits of the City of Bennington are hereby established as follows:

(a)   Unified School District 240, Bennington Schools, Section 1, Township 12 South, Range 3 West. A tract in the East ½ of the Southeast ¼ beginning 275 feet South of the Southwest corner of the Memorial Addition, on the West line of Putnam Street, thence West 280 feet, thence Southwesterly 300 feet, thence West 20 feet, thence Southwesterly 110 feet to the West line of the East ½, thence South 412 feet to the North line of the Railroad right-of-way, thence Southeasterly along the Railroad right-of-way 260 feet, thence North 330 feet, more or less, thence East 50 feet, thence North 160 feet, thence East 350 feet to the West line of Putnam Street, thence North 400 feet to the point of beginning.

(b)   A tract in the East ½, beginning 675 feet South of the North Line of Burlington Street on the West line of Putnam Street to point of beginning, thence South 660 feet, more or less to the North line of the Railroad right-of-way, thence Northwesterly along the Railroad right-of-way 300 feet, thence South along the Railroad right-of-way 160 feet, more or less, thence North 300 feet, thence West 50 feet, thence North 160 feet, thence East 350 feet to point of beginning.

(c)   All land lying South of Sand Creek and North of the Railroad in the West ½, of the Southeast ¼.

(d)   The area commonly known as the Bennington Swimming Pool and the Parking Lot located in Section 1, Township 12 South, and Range 3 West. A tract in the East ½ beginning 500 feet West of the Northeast corner pf the East ½, thence South 155 feet, thence East 125 feet, thence Westerly 70 feet, more or less along the West line of Putnam Street, along the West line of Putnam Street, thence west 280 feet, thence Southwesterly 300 feet, thence West 20 feet, thence Southwesterly 110 feet to the West line of the West ½, thence North 1,520 feet, more or less to the North line of the East ½, thence East 800 feet more or less to the point of beginning.

(e)   Section 12, Township 12 South, Range 3 West, the part of the Northeast ¼ lying north and East of the Railroad right-of-way excluding the Road right-of- way.

(f)   The East 25 feet of Lot 22 to Lot 24 of Block 4 of the Original City of Bennington.

(g)   The East 45 feet of the Lots 15 and 16, and the East 45 feet of the Couth 10 feet of Lot 17 of Block 2 of the Nelsons 2nd Addition to the City of Bennington.

(1)   Lots 10 to 14 of Block 3 of the Original City of Bennington

(2)   Lots 15-20 Block 2 of the Original City of Bennington

(3)   Lots 7-12 Block 5 of the Nelsons 2nd Addition to the City of Bennington

(h)   Eastside oil, Section 6, Township 12 South, Range 2 West. A tract of land beginning at the West line of Parker Street and the North line of K-18 right-of- way, thence East 500 feet, thence North 275.3 feet, thence West 500 feet, thence South 275.3 feet to the point of beginning.

(i)    Farmers’ Cooperative Association, Lots 13-24 of Block 1 of the Strubles Addition to the City of Bennington. And Lots 1-15 of Block 4 in the Parkers 1st Addition to the City of Bennington. Section 7, Township 12 South, Range 2 West. A tract of land beginning 30 feet South of the centerline of Yorktown and Nelson Street, thence East 715 feet, thence South 200 feet, thence West 715 feet, thence North 200 feet to the point of beginning, excluding the road right-of-way. And the area commonly referred to as the West Elevator located North of K-18, south of the Railroad tract and West of Stark Street.

(j)    K & R Welding, Section 7, Township 12 South, Range 2 West, a part of Block 3 beginning 254 feet south and 25 feet East of the Northwest corner of Section 7, thence East 60 feet, thence North 17.3 feet thence Southeasterly 70.39               feet thence South 62.76 feet, thence West 120.7 feet, thence North 81 feet to the point of beginning all in the Parkers 1st Addition to the City of Bennington.

(1)   Lots 1-5 Block 6 of the Original City of Bennington o Lots 1-12 Block 4 of the Original City of Bennington o Block 1 of the Original City of Bennington

(2)   Lot 1 Block 1 of the Parkers 1st Addition to the City of Bennington

(k)   The area commonly known as the Depot located North of K-18 and the Railroad tracks and West of Stark Street.

(Ord. 166; Ord. 300; Code 2018)