HomeMy WebLinkAbout3258 Amending AMC 10.30 to Prohibit Hazardous Fire UseORDINANCE NO. 3258
AN ORDINANCE AMENDING AMC CHAPTER 10.30 TO PROHIBIT HAZARDOUS
FIRE USE
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are hold -lamed -through, and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City of Ashland recognizes the increasing fire danger posed by unauthorized
or hazardous fire use, particularly in sensitive areas such as city parks, open spaces. and the
Ashland watershed; and; and
WHEREAS, Existing state laws addressing reckless burning (ORS 164.335) require actual
property damage of ascertainable market value, limiting enforcement in cases where a fire
creates a serious risk but has not yet caused harm; and
WHEREAS, Oregon's endangerment statutes (e.g., ORS 163.195) require proof of substantial
risk of serious physical injury to a specific person, which may not apply in fire -related incidents
that endanger the general public, property, or natural resources; and
WHEREAS, Unauthorized small fires specially in greenways, parks, and wildfire -prone
areas —pose significant risks even before damage occurs; and
WHEREAS, The City Council finds that this ordinance is necessary to provide a municipal
enforcement tool allowing for misdemeanor prosecution of hazardous fire use before it escalates
to reckless burning or arson, therefore,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Amendment to AMC Chapter 10.30
AMC Chapter 10.30 Controls on Open Burning is hereby amended at 10.30.005 Definitions,
to read as follows:
10.30.005 Definitions
The following words and phrases whenever used in this chapter shall be construed as defined in
this section unless from the context a different meaning is intended.
A. "Fire Chief' means the City of Ashland Fire Chief or the Chief s representative.
B. "Campfire" means any fire for cooking located outside of a building or recreational vehicle.
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C. "Outdoor fire" includes any fire except a fire for cooking.
D. "Person in charge" means a person or a representative or an employee of a person who has
lawful control of the site of the fire by ownership, tenancy, official position or other legal
relationship.
E. "Ventilation index" means the National Weather Service's indicator of the relative degree of
air circulation in the Rogue Valley.
F. "Noxious weed" means any plant classified by the Oregon State Weed Board that is injurious
to public health, agriculture, recreation, wildlife, or any public or private property.
For the purposes of this chapter, nothing shall be construed to prohibit the lawful use of
portable cooking devices, such as propane stoves or grills, in designated picnic or
recreation areas, unless otherwise restricted clue to declared fire danger or burn bans.
SECTION 2. Amendment to 10.30.060 — Hazardous Fire Use Prohibited, to read as follows:
10.30.060 Hazardous Fire Use Prohibited
A. Prohibited Conduct
It shall be unlawful for any person to:
1. Ignite. maintain, or allow a fire in a manner that creates a substantial risk of:
a. The fire escaping control;
b. Endangering persons, structures, or property; or
c. Spreading to public lands, forested areas, or designated fire -prone zones.
2. Fail to take reasonable measures to confine, control, or extinguish an authorized fire
before leaving the area.
3. Operate any ignition source, including open flames, spark -producing devices, or
heat -generating equipment (such as stoves, heaters, or any device capable of igniting
nearby combustible materials) in a prohibited area, except where such use is
authorized under this chapter, including but not limited to cooking fires and
campfires as permitted under AMC 10.30.010 and 10.30.020. Prohibited areas
include, but are not limited to:
a. City -owned parks, open spaces, or wildfire -prone lands;
b. Any area subject to a burn ban or emergency restriction, or order of the Fire
Chief or Fire Marshal.
4. Burn_ prohibited materials, including but not limited to:
a. Plastics, chemicals, treated wood, tires, or any material producing toxic
emissions.
b. Unauthorized debris or waste without a valid permit.
5. Refuse or fail to comply with an order from the Fire Chief, Fire Marshal, or law
enforcement to extinguish or control a fire.
B. High -Risk Areas and Aggravated Offenses
1. A violation of this section shall be considered an aggravated offense subiect to
enhanced penalties when:
a. The hazardous fire use occurs in city -owned narks, watershed lands, or
g_reenways.
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b. The offense takes place during a declared fire season or under emergencv fire
restrictions.
c. The fire is left unattended and requires an emergency response from the Fire
Department.
C. Enforcement and Authority
1. The Fire Marshal, Fire Chief, Police Chief, or their designees shall have the
authority to:
(a) Issue citations;
(b) Order the immediate extinguishment of a fire; and
(c) Take additional enforcement action as necessary.
2. Failure to comply with a lawful order to extinguish or control a fire may result in
immediate municipal prosecution.
SECTION 3. Amendment to AMC 10.30.050 (Penalties and Schedule)
AMC 10.30.050 Penalties and Schedule is amended as follows:
10.30.050 Penalties and Schedule
A. Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the
Ashland Municipal Code.
1. Any violation of this section is a Class I Violation.
2. Outdoor burning without a permit or a campfire in violation of this chapter is a public
nuisance and may be abated per AMC Chapter 1.08 by the Fire Chief, Chief of Police, or
their representatives.
3. A violation of AMC 10.30.060 (Hazardous Fire Use) shall be enforced as follows:
a. Class 1 Violation — A general violation shall be subject to a fine of up to $500
(AMC 1.08.030B.
b. Class B Misdemeanor — An offense in a high -risk area or during fire season, or by
a repeat offender, shall be subject to:
i. A fine up to $500.
ii. Up to 60 days imprisonment. (Ashland Charter Art IX, Sec 1)
iii. Mandatory fire prevention education or community service.
iv. Restitution — Offenders may be required to reimburse emergency response
costs.
SECTION 4. Remaining Provisions Unaffected. Except as specifically amended herein, all
remaining provisions of AMC Chapter 10.30 shall remain in full force and effect.
SECTION .5. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however
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that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the 1 st day of April, 2025, and duly PASSED and ADOPTED this
Gth day of May, 2025.
PASSED by the City Council this _ day of May, 2025.
ATTEST:
Alissa 1 zins i, City Recorder
SIGNED and APPROVED this �_ day of April, 2025.
�� A,-Q"
Tonya Grahain, Mayor
Review as to form:
Douglas . McGeary, Acting City Attorney
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