ARTICLE B. OPEN BURNING1
SECTION:
4-10B-3: Prohibition Against Open Burning
4-10B-4: Exceptions To Open Burning Prohibition
4-10B-8: Enforcement And Penalties
4-10B-1 PURPOSE:
The purpose and intent of this article is to eliminate all forms of open burning except those for which alternative means of producing a similar public benefit do not exist. Open burning is sought to be eliminated so that air quality and fire safety goals can be achieved. (Ord. 791, 11-12-2002)
4-10B-2 DEFINITIONS:
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AIR POLLUTION: |
The presence in the outdoor atmosphere of any contaminant or combination thereof in such quantity or of such nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property. |
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APPROVED INCINERATORS: |
Any source consisting of a furnace and all appurtenances thereto designed for destruction of refuse by burning. "Open burning" is not considered incineration. For purposes of this article, "approved incinerators" shall mean those burning containers which have been approved by the Idaho department of environmental quality. "Burn barrels" and similar devices are forms of open burning and are not considered to be approved incinerators. |
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CHIEF: |
The duly appointed fire chief of the North Ada County fire and rescue district. "Chief" for the purposes of this article may also mean any representative designated by the chief to fulfill any function under this article. |
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COUNCIL: |
The city council of the city of Garden City. |
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FIELD BURNING: |
The open burning of plant residue grown on the premises, as part of a recognized cropping practice. |
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FIRE MARSHAL: |
The duly authorized and acting fire marshal of North Ada County fire and rescue district. |
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ODOR: |
The sensation resulting from stimulation of the human sense of smell. |
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OPEN BURNING: |
The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through a stack, duct or chimney. |
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PERMIT: |
A burning permit issued by the North Ada County fire and rescue district pursuant to this article. |
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PERSON: |
Any person, corporation, firm, partnership or any federal, state or local governmental entity. |
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SMOKE: |
Small gasborne particles resulting from incomplete combustion, consisting predominately, but not exclusively, of carbon and other combustible material. (Ord. 791, 11-12-2002; amd. Ord. 808, 2-10-2004) |
4-10B-3 PROHIBITION AGAINST OPEN BURNING:
No persons shall build, ignite or maintain any outdoor fire of any kind or character, or for any purpose whatsoever, except as provided in section 4-10B-4 of this article. (Ord. 791, 11-12-2002)
4-10B-4 EXCEPTIONS TO OPEN BURNING PROHIBITION:
Notwithstanding the provisions of section 4-10B-3 of this article, the following types of fires shall be allowed:
A. Fires Requiring Permit: The following types of fires shall be allowed by permit only:
1. Field burning, irrigation ditch and fence rows, where there is no alternative cropping practice which provides equivalent benefits.
2. Fires used for control or alleviation of a fire hazard or for weed control when no alternative control method exists.
3. Fires used in the training of organized firefighting personnel.
4. Special fires allowed at the discretion of the North Ada County fire and rescue district. Special fires are fires not falling into subsections A1 and A2 of this section.
B. Fires Allowed Without A Permit: Fires, unless otherwise prohibited, that are used for the preparation of food and campfires under control of a responsible person shall not require a permit hereunder. (Ord. 808, 2-10-2004)
4-10B-5 PERMITS:
Permits for fires allowed to be burned only by permit are to be obtained from the North Ada County fire and rescue district.
A. Contents: All permits must contain the following:
1. Name, address, business and home phone of permittee.
2. Location of proposed burning.
3. Conditions under which burning is to be allowed. The North Ada County fire and rescue district shall develop such conditions as reasonably necessary to provide for safe burning.
4. Signature of issuing officer.
5. Signature of permittee.
B. Term Of Permit: Permits may be issued for any period of time up to one year. They may be suspended by the issuing authority for any area declared an "extreme fire hazard" and for any period of severe air pollution, during a burn ban issued by the department of environmental quality or air pollution dispersal conditions as specified in the permit. (Ord. 808, 2-10-2004)
4-10B-6 APPEALS:
Any person denied a burning permit by the North Ada County fire and rescue district may appeal that decision in writing to the Garden City council. Such appeal must be made within thirty (30) days. The council shall rule on said appeal at its next regularly scheduled council meeting. (Ord. 791, 11-12-2002)
4-10B-7 GENERAL PROHIBITIONS:
A. Notwithstanding the provisions of any section of this article, no person shall allow, suffer, cause or permit the burning of materials which emit toxic contaminants or large volumes of smoke, particulates or odors (such materials are garbage, rubber, plastics, heavy petroleum products, dead animals, lumber, tree stumps, trash, tires, insulated wire, asphalt, tarpaper, treated timbers or lumber, construction materials, dead animals or parts thereof, trade wastes, medical wastes, etc.).
B. Any open burning that would otherwise be allowed under this article, but is determined to be a nuisance, hazard, or source of air pollution, shall be prohibited. (Ord. 808, 2-10-2004)
C. All open burning, even if a valid permit has been issued or no permit is required, is prohibited when the air quality index (AQI) as reported by the Idaho department of environmental quality (DEQ) reaches sixty (60) or higher for any pollutant within the region. It is the responsibility of the holders of valid permits or anyone wishing to ignite a fire for which no permit is required to determine the level of the AQI prior to igniting any fire. The daily AQI may be determined by calling DEQ or visiting the DEQ web page. (Ord. 841-06, 2-13-2006)
4-10B-8 ENFORCEMENT AND PENALTIES:
A. Enforcement: The North Ada County fire and rescue district chief, marshal or his duly authorized representative and any law enforcement or environmental enforcement officer in Garden City shall have the authority to enforce the provisions of this article.
B. Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor and for each day said violation shall continue, shall constitute a separate offense hereunder.
C. Punishment: Such violation is punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300.00) or both. (Ord. 791, 11-12-2002)
See also section 4-6-4 of this title.