Loading...
0396 Burning of Materials 19930 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 396 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING ORDINANCE 375 TO CORRECT A NUMBERING ERROR; TO PROVIDE ORDINANCE 375 UNDER SECTION 8.34 AND NOT 8.32; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 8.32 AND 8.34 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amendment of Ordinance 375. Section 2 of Ordinance 375 is amended to read: Chapter 8.32 Burning of Materials 8.3--34.010. Burning Subject to Ordinance. This chapter shall apply to the burning of any materials within the Chubbuck City limits. 8.3--34.020 Definitions. These definitions shall apply to this Chapter: A. Bonfire is the open burning of cut trees, vegetation or lumber. B. Burn is all burning except a recreational fire. C. Hazardous Materials are those chemicals or substances which are physical hazards or health hazards as defined and classified in Article 80 of the Uniform Fire Code whether the materials are in usable or waste condition. D. Open burning is the burning of a bonfire, rubbish fire or other fire in an outdoor location where fuel being burned is not contained in an incinerator, out door fireplace or barbecue pit. E. Recreational Fire is the burning of materials other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit and with a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking or similar purposes. Ordinance - Page 1 deo chbbck/0221 0 • 8.3434.030. Prohibited Materials. The burning of the following is prohibited, whether in an open burn or in an incinerator, burn barrel, stove or fireplace: 1. Garbage; 2. Dead animals or parts thereof; 3. Junked motor vehicles or any materials resulting from a salvage operation; 4. Tires or other rubber materials or products; 5. Plastics 6. Asphalt or composition roofing or any other asphaltic material or products; 7. Tar, tar paper, waste or heavy petroleum products, or paints; 8. Lumber or timbers treated with preservatives, including railroad ties; 9. Trade waste except as allowed in Idaho Department of Health and Welfare Regulations Section 01.1153; 10. Insulated wire; 11. Pathogenic waste; 12. Hazardous waste; 13. Any material which, when burned, will produce an offensive smell, smoke or odor; 14. Any material which, when burned, will cause or create dense smoke or odor. The granting of a permit shall not affect the foregoing. As used herein, garbage shall not include waste material from the construction or demolition of buildings; provided said materials are not otherwise prohibited. 8.3434.040. Incinerators and Burn Barrels. A. Burning without a permit, is permissible in a metal 55 gallon barrel provided the barrel is in a good state of repair and is at all times covered with a spark arrester constructed of not more than one-half ounce (1/2 oz.) metal mesh material of 12 gauge or thicker metal. Such burning may also be conducted in an incinerator designed and built for such purposes provided said incinerator is in a good state of repair and has an appropriate spark arrester. Ordinance - Page 2 d9c chbbck10.221 B. All burning in a burn barrel or incinerator shall be done during daylight hours; any fire still burning at sunset shall be extinguished by water, fire extinguishment materials or by other appropriate means. 8.3-834.050. Burning. Burning of permissible materials may be done outside of a burn barrel or incinerator upon compliance with all of the following: A. A permit to engage in such burning, except for a recreational fire, shall be obtained from the Chubbuck Fire Chief or the Chief's designee; B. All burning shall be done in compliance with Article 11 of the Uniform Fire Code; C. Such burning shall be done at a distance of more than fifty (50) feet from any structure or any other combustible object; D. Such burning shall be done at a distance of more than two hundred (200) feet from any wildlands or sage brush area; E. An adequate water supply or other fire extinguishing equipment, in working condition, shall be on hand and available for use at the site of the burning; F. A competent person over age eighteen (18) shall be in attendance at all times until all fire has burned out or has been extinguished; G. The permittee shall have the legal right, by ownership, lease or written permission for use, to conduct the burn on the parcel of land being utilized; H. The winds shall not exceed ten (10) miles per hour at any time during the burn; I. No burn shall create dense smoke or odor; J. No burn shall be conducted when conditions, smoke, odor or heat can enter or damage neighboring structures or create a traffic hazard; K. No other adverse or threatening weather condition such as lightning, tornado or air inversion shall exist or be reasonably anticipated to exist during the time of the open burn; L. Dry or drought conditions creating dry kindling hazards shall not exist in the area immediately adjacent to and within two hundred (200) feet of the open burn site; Ordinance - Page 3 dec chbbck10.221 M. No burning shall before dawn, or between the pm local time; rJ L take place after sunset, hours of 1:00 pm and 4:00 N. When open burning of fields, ditches or other such open areas are planned, the applicant or applicant's designee shall define a perimeter around the area to be burned by disking, plowing or otherwise clearing the perimeter area of combustibles to minimize the risk of fire spreading. 8.3434.060 Permit. A permit is required in all cases except for a recreational fire or for burning inside in a fireplace, incinerator or wood stove. The Chubbuck Fire Chief or the Chief's designee is authorized to issue a permit for burning upon application by applicant. The purpose of the permit is to provide a record of the location of any burn and the name of the person responsible for conducting the burn. The permit and application shall be in a form furnished by the Chubbuck Fire Chief. The application and the permit shall provide the following information: A. Location of the proposed open burn; B. Expected duration of the open burn; C. Materials to be burned; D. Name, address and phone number of the person applying for the permit and of the person that will be responsible for conducting the open burn, if different. E. Expected date of burn. The permit shall be valid for two weeks from issuance for the applicant and the site. If the identity of the responsible person or the location of the proposed open burn change, the permit shall be void. The responsible person shall in all instances advise the Chubbuck Fire Department, by phone or in person, prior to starting the burn. The permit may be revoked or suspended by the Chief or the Chief's designee if conditions are inappropriate for a burn. In case of revocation or suspension; the permittee shall be immediately notified of the action. This permit shall be in addition to a permit required by any other jurisdiction having control within the same area. 8.3434.070 Responsibility and Duty of Person Conducting the Burn. It is the responsibility of the applicant for a burn and the person supervising any burn in a burn barrel, incinerator or a recreational fire, to keep the fire under control. If conditions exist immediately prior to beginning the burn that Ordinance • Page 4 dsc chbbck10.221 violate this ordinance, the person shall not start the fire. If such conditions do not exist at the start of the burn but later develop during the burn, the person responsible for the burn has the duty to immediately bring the fire under control and extinguish the fire and further shall keep the fire extinguished until such time as conditions permit the burn to continue. 8.32.34.080 No Liability to City. The City shall have no liability for any damage caused by any fire started or controlled by a permittee or any fire which a permitee fails to extinguish. 8.334.090 Recreational Fires. Recreational fires shall be in accordance with this section: A. Location. Recreational fires shall not be conducted within 25 feet of a structure or combustible material unless contained in a barbecue pit. Conditions which could cause a fire to spread to within 25 feet of a structure shall be eliminated prior to ignition. B. Fire -extinguishing Equipment. Buckets, shovels or garden hoses shall be readily available for use at recreational fires. C. Attendance. Recreational fires shall be constantly attended by a person knowledgeable in the use of fire -extinguishing equipment required by this section. An attendant shall supervise a recreational fire until such fire has been extinguished. D. Discontinuance. The Fire Chief or the Chief's designee is authorized to require that recreational fires be immediately discontinued if such fires are determined by the Chief or the Chief's designee to constitute a hazardous condition. 8.3434.100 Criminal Penalties. Any person violating this ordinance shall be guilty of a misdemeanor. In addition to any fine levied, reimbursement for damage caused or for suppression costs may be assessed against any person found guilty of a misdemeanor. 8.3-2.34.110 Civil Penalties. Any person violating this ordinance or who does any of the following: A. Burns without a permit where a permit is required; B. Burns non -permitted materials; C. Does not maintain control of a fire for which that person is responsible; shall be liable for the costs of suppressing any resulting fire. Such costs shall include the cost of wages paid out by any fire Ordinance - Page 5 dac chbbck10.221 - • f department responding to that particular fire as well as a reasonable charge for usage of equipment, materials and supplies in suppressing said fire. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 15.32 and 15.34 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 23th. day of PARCH , 1993. IJAYOR ATTEST: CITY CLERK Ordinance - Page a d9c chbbck10.221