Chapter 8.12
OUTDOOR BURNING

Sections:

8.12.010    Definitions.

8.12.020    Outdoor burning prohibited – Exceptions.

8.12.030    Reimbursement of city costs.

8.12.040    Violation – Penalty.

Prior legislation: Ord. 440-2006.

8.12.010 Definitions.

As used in this chapter:

“Agricultural burning for disease or pest control” means the outdoor burning of waste infected or infested with a disease or pest for which the county extension service or Oregon Department of Agriculture identifies as having no other practical control.

“Cooking fire” means an outdoor fire used for pleasure, religious, ceremonial, cooking or similar purposes with the fire contained in a fireplace, barbecue grill, barbecue pit, or other similar enclosure specifically designed for outdoor recreation or cooking.

“Outdoor fire” means any outdoor fire within the ordinary definition and understanding of said words, and shall include, but not be limited to, the outdoor burning of grass, hay, straw, or similar material, as well as commercially available fuel, wood, tree limbs, branches, leaves, trimmings, or any other woody debris, and may also include burning other inappropriate material such as waste, debris, trash, rubbish or garbage, regardless of whether the fire is in the open or contained in a fire ring, burn barrel, outdoor fireplace, trash burner, incinerator, barbecue pit, fire pit or other similar burning container.

“Recreation fire” means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill, barbecue pit or other enclosure and with a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking or similar purposes.

“Rubbish” means materials ordinarily found in household garbage and trash, including but not limited to food packaging, cardboard and plastic food containers, as well as putrescible and nonputrescible materials. [Ord. 494-2010 Exh. A].

8.12.020 Outdoor burning prohibited – Exceptions.

No person shall kindle, start, maintain or allow to be maintained an outdoor fire within the city limits of the city of Dundee with the following exceptions:

A. Cooking fires and recreation fires.

B. Fires set and maintained by the Dundee fire department for firefighting training or eliminating a fire hazard that cannot in the judgment of the city fire chief be removed or disposed of in any other practical manner.

C. Agricultural burning for disease or pest control when the fire is authorized in writing by the Department of Agriculture prior to such burning. A reasonable attempt shall be made to minimize smoke and/or odor caused by such burning so as to not create a nuisance on neighboring properties. [Ord. 494-2010 Exh. A].

8.12.030 Reimbursement of city costs.

Any person who conducts an outdoor fire in violation of any state or city burning rule, including rules adopted by the city fire chief, must reimburse the city for all costs associated with a fire department response to that fire in accordance with the most recent reimbursement cost schedule adopted by the city fire chief. [Ord. 494-2010 Exh. A].

8.12.040 Violation – Penalty.

A. A first-time conviction for a violation of this chapter is punishable by a fine of up to $50.00.

B. A second conviction for a violation of this chapter is punishable by a fine of up to $100.00.

C. A third conviction or any subsequent conviction for a violation of this chapter is punishable by a fine of up to $500.00. [Ord. 494-2010 Exh. A].