HomeMy WebLinkAbout2535 Controls on Open BurningORDINANCE NO. ~-~3-
AN ORDINANCE ADDINO A NEW CHAPTER 10.30 TO THE ASHLAND
MUNICIPAL CODE, ENACTING CONTROLS ON OPEN BURNING
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 10.30 shall be added to Title 10 of the
Ashland Municipal Code, which shall read as follows:
"Chapter 10.30
CONTROLS ON OPEN BURNING
Sections:
10.30.010
10.30.020
10.30.030
10.30.040
10.30.050
10.30.060
10.30.070
10.30.080
Outdoor Burning Restricted.
Period When Outdoor Burning is Not Allowed.
Ventilation Index.
Exempted Fires.
Special Exemptions--Disease Control.
Special Exemptions--Religious Fires.
Permits Required.
Enforcement and Penalties.
10.30.010 Outdoor Burning Restricted. No person shall
start or maintain any outdoor fire (except for outdoor cooking)
for the purpose of burning any combustible material, except as
allowed under this ordinance. Nor shall any person in control of
any premises cause or knowingly allow any such fire to be started
or maintained on any part of such premises. No barrel burning or
burning of garbage, plastic, styrofoam, or other noxious
materials shall be allowed at any time during the year, including
burning such materials in woodstoves or fireplaces.
10.30.020 Period When Outdoor Burning is Not Allowed. This
ban on outdoor burning shall be in effect for the entire year
except for the period April, May and September 15 to October 15.
10.30.030 Ventilation Index. No outdoor burning shall be
allowed on any day when the ventilation index is less than 400.
However, fires permitted by Sections 10.30.050 or 10.30.060 of
this ordinance may be allowed on any day by permit from the
City's Fire Chief. The ventilation index is the National Weather
Service's indicator of the relative degree of air circulation in
the Rogue Valley.
10.30.040 Exempted Fires. The following types of outdoor
fires may be allowed by the Fire Chief, or his/her
representative, by permit on days when the Fire Chief, or his/her
representative, determines that the ventilation index exceeds 400
and that fire conditions are conducive to burning. With the
1
exceptions of fires allowed under Subsections A and F, the fire
should not be allowed unless it is determined by the Fire Chief,
or his/her representative, to be the only feasible way to dispose
of the debris.
A. Burning of a structure or other use of fire for training
purposes by the Fire Department;
B. Field burning in agricultural areas;
C. Fire hazard reduction burning;
D. Slash and other forest service burning in the interface
and forested areas covered under the Smoke Management Plan;
E. Certain other fires when, because of topography, there
is no other feasible way to remove debris; and
F. Any burning which has written approval of DEQ.
10.30.050 Special Exemptions--Disease Control. The
following types of outdoor fires may be allowed by the Fire
Chief, or his/her representative, on any day of the year:
A. Fires to control agricultural diseases, such as blight,
that must be destroyed immediately by fire to prevent the spread
of disease.
B. Burning bee hives and bee-keeping paraphernalia to
eradicate the spread of disease.
10.30.060 Special Exemptions--Religious Fires.
A. Religious fires shall be allowed by the Fire Chief, or
his/her representative, on any day of the year, provided that all
safety precautions required by the Fire Chief have been complied
with.
B. During periods which the Fire Chief, or his/her
representative, has declared an extreme fire danger, religious
fires shall also require six hours advance notification to the
Fire Chief or his/her representative.
10.30.070 Permits Required. A permit issued by the Fire
Chief, or his/her representative, shall be required for all
burning, including the exempted fires of Sections 10.30.040,
10.30.050 and 10.30.060.
A. Upon receipt of a request for a permit and application
fee for any fire, except a religious fire, the Fire Chief, or
his/her representative, shall undertake whatever investigation
he/she deems necessary. Based on this investigation, the Fire
Chief or his/her representative may approve the permit. The Fire
Chief, or his/her representative, shall approve fires only when
it is determined such fires do not constitute a hazard and that
steps have been taken to assure reasonable public safety. Such
fires shall conform with Article 11 of the Uniform Fire Code.
Fires which are approved by permit shall be maintained during
daylight hours and by a competent adult person, and shall be
extinguished prior to darkness unless continued burning is
specifically authorized by the Fire Chief or his/her
representative. In addition, the Fire Chief, or his/her
representative, may deny a permit for fires allowed under Section
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10.30.040 if it is determined that the debris proposed for
burning has a high moisture content and would burn better after a
period of aging. Outside burning without a permit is hereby
declared to be a public nuisance and may be summarily abated by
the Fire Chief, Chief of Police, or their representatives.
B. Annual permits for religious fires authorized under
Section 10.30.060 shall be issued by the Fire Chief without
charge, stipulating the safety precautions which must be
followed. The stipulation of Subsection 10.30.070(A), limiting
fires to daylight hours, shall not apply to this subsection.
10.30.080 Enforcement and Penalties. Any person, firm or
corporation, whether as a principal agent, employee or otherwise,
violating or causing violation of any of the provisions of this
ordinance, has committed an infraction, and upon conviction
thereof, is punishable as prescribed in Section 1.08.020 of the
Ashland Municipal Code. Such person, firm or corporation is
guilty of a separate violation for each and every day during
which any violation of this Title is committed or continued by
such person, firm or corporation.
The foregoing Ordinance was first read on the 7-r~ day of
~~~.~ , 1989, and duly PASSED and ADOPTED this ~J~J~ day
of ~ ~~-~ , 1989.
City Recorder ~
SIGNED and APPROVED this
day of ~~. , 1989.
Catherine M. Golden
Mayor