HomeMy WebLinkAbout2671 Regulating Outdoor BurningORDINANCE NO. ~//
AN ORDINANCE AMENDING CHAPTER 10.30 OF THE ASHLAND
MUNICIPAL CODE, BY REGULATING OUTDOOR BURNING
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.30 of the Ashland Municipal Code is amended in
its entirety to read as follows:
"Chapter 10.30
CONTROLS ON OPEN BURNING
Sections:
10.30.005
10.30.010
10.30.020
10.30.030
10.30.040
10.30.050
Definitions
Outdoor and Indoor Burning Restricted.
Period When Outdoor Burning is Permitted.
Requirements for Permitted Fires.
Permits Required.
Enforcement and Penalties.
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. "Outdoor fire" includes any outdoor fire except a fire for
cooking.
C. "Ventilation index" means the National Weather Service's indicator
of the relative degree of air circulation in the Rogue Valley.
10.30.010 Outdoor and Indoor Burning Restricted.
A. No person shall start or maintain any outdoor fire except as
authorized in this chapter.
B. No person in control of any premises shall cause or knowingly
allow any outdoor fire to be started or maintained on any part of such
premises, except as authorized in this chapter.
C. No person shall start or maintain any outdoor fire authorized in
this chapter in a barrel or otherwise burn garbage, plastic,
styrofoam, or other noxious materials.
D. No person shall burn indoors any garbage, plastic, styrofoam or
other noxious material.
10.30.020 Period When Outdoor Burning is Authorized. After a permit
is obtained from the Fire Chief, outdoor fires are authorized as
follows:
A. Outdoor fires are permitted each year during April, May and
September 15 to October 15, except that no outdoor fire shall be
allowed on any day unless the ventilation index is over 400. The Fire
Chief shall have the authority to extend the dates for outdoor fires
beyond October 15, but not beyond November 1, for any year in which
fire conditions do not allow burning during some or all of the period
between September 15 to October 15.
B. Outdoor fires are permitted on any day of the year the ventilation
index is over 400 if fire conditions are conducive to burning and the
outdoor fire is for the purpose of:
1. Burning a structure or other use of fire for training purposes
by the Fire Department or under the supervision of the Fire
Department;
2. Fire hazard reduction burning of debris in the wildfire hazard
zone or Lithia Park if the Fire Chief determines the fire is the only
feasible method to dispose of the debris.
C. Religious fires are permitted on any day of the year after notice
of the specific date to the Fire Chief and provided that all safety
precautions required by the Fire Chief are met. During periods of
extreme fire danger, notification to the Fire Chief shall be given at
least six hours in advance of the religious fire.
D. Campfires in areas designated by the Park Commission are permitted
in Lithia Park on any day of the year except during periods of extreme
fire danger.
10.30.030 Requirements for Permitted Fires. All outdoor fires
permitted under this chapter shall comply with the following
requirements.
A. All fires shall conform with Article 11 of the Uniform Fire Code.
B. Except for religious fires, all fires shall occur during daylight
hours only and shall be extinguished prior to darkness unless
continued burning is specifically authorized by the Fire Chief.
C. All fires shall occur only in the presence of an adult person who
shall constantly monitor the fire.
10.30.040 Permits Required. An outdoor fire permit is required for
all outdoor fires authorized under this chapter. The Fire Chief shall
have the authority to issue such permits. Except for religious fires
the Fire Chief shall have the authority to establish and assess a fee
for any necessary investigation, inspection and processing of each
permit. The fee shall not exceed the actual cost of the
investigation, inspection and processing.
A. Upon receipt of a request for a permit and the required fee, the
Fire Chief shall undertake whatever investigation deemed necessary.
Based on this investigation, the Fire Chief shall approve the permit
only when it is determined the fire does not constitute a hazard and
that steps have been taken to assure reasonable public safety. In
addition, the Fire Chief may deny a permit for fires allowed under
Section 10.30.020.B if it is determined that the debris proposed for
burning has a high moisture content and would burn better after a
period of aging.
10.30.050 Enforcement and Penalties.
A. 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.
B. 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."
1992, and duly PASSED and ADOPTED this ~-~day of
Nan E. Franklin
City Recorder
SIGNED and APPROVED this _/~day of
SECTION 2. Classification of the fee. The fee specified in Section
10.30.040 as set forth in Section 1 of this ordinance is classified as
not subject to the limits of Section 11b of Article XI of the Oregon
Constitution (Ballot Measure No. 5).
The foregoing ordinance was first READ on the =~/~day of ~~ ,
~~ ,1992.
~~_ _~ , 1992 .
Catherine M. Golden
Mayor
Approved as to form:
Paul Nolte, City Attorney
(d: \counci[ \new. Ord\openburn.92)