Chapter 9.10
BURN BARRELS
Sections:
9.10.060 Prohibited materials.
9.10.070 Inspection and citation.
9.10.010 Title.
This chapter shall be known as the “Myrtle Creek burn barrel ordinance” and may be cited as such and will be referred to herein as “this chapter.” [Ord. 735 § 1, 2004].
9.10.020 Purpose.
The purpose of this chapter is to promote public health, safety, and general welfare of the public and owners and occupants of open spaces and structures by prohibiting the use of burn barrels, and adopting all current restricted hours and activities for burning as set forth by the DFPA, within the city of Myrtle Creek; except as expressly allowed by this chapter or if exempted from this chapter by Oregon statute. [Ord. 824, 2019; Ord. 735 § 2, 2004].
9.10.030 Definitions.
The following definitions apply to this chapter:
“Burn barrel” means any area, container, device, pit, ring, barrel, incinerator, or structure used for the purpose of disposal by fire of any material prohibited from burning by ordinance, law, rule or regulation.
“Burn period” means that time when an “open outdoor fire” may be allowed by special fire department permit.
“Commercial open burning” means the open burning of “commercial wastes” which are materials actually generated or used by a commercial operation.
“Commercial waste” means any waste produced in any business involving the lease or sale, including wholesale and retail, of goods or services, including but not limited to housing, and means any waste produced by a governmental, educational or charitable institution; however, it does not include any waste produced in a dwelling containing four living units or less.
“Construction open burning” means the open burning of “construction wastes” which are materials actually resulting from or produced by a building or construction project.
“Demolition material” means any waste resulting from the complete or partial destruction of any manmade structure as a house, apartment, commercial building or industrial building.
“Demolition open burning” means the open burning of “demolition wastes” which are materials actually resulting from or produced by the complete or partial destruction or tearing down of any manmade structure or the clearing of any site, or land clearing for site preparation for development.
“Domestic waste” means any nonputrescible waste, consisting of combustible materials, such as paper, cardboard, yard clippings, wood or similar materials, generated in a dwelling, including the real property upon which it is situated, containing four living units or less.
“Field burning” means the burning of any grass field, grain field, pasture, rangeland, or other field by open burning or by use of mobile equipment or flaming equipment on any land or vegetation.
“Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and serving of food.
“Industrial open burning” means the open burning of “industrial wastes” which are materials produced as a direct result of any manufacturing or industrial process.
“Industrial waste” means any waste resulting from any process or activity of manufacturing or construction.
“Land clearing debris” means any waste generated by the removal of debris, logs, trees, brush or demolition material from any site in preparation for land improvement or construction projects.
“Open burning” means any burning conducted in such a manner that combustion air is not effectively controlled and that combustion products are not vented through a stack or chimney, including but not limited to burning conducted in open outdoor fires, common burn barrels and backyard incinerators.
“Recreation fire” as defined in Section 219 of the Oregon Uniform Fire Code for the purpose of burning of material other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill, or 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.
“Residential open burning” means the open burning of clean wood, yard trimmings and prunings which are actually generated in or around a dwelling for three or fewer family living units. Once this material is removed from the property of origin it becomes commercial waste. Such materials actually generated in or around a dwelling of more than three family living units are commercial wastes.
“Responsible person” means each person who is in ownership, control, or custody of the property on which the open burning occurs, including any tenant thereof; or who is in ownership, control, or custody of the materials which are burned; or any person who causes or allows open burning to be initiated or maintained. [Ord. 735 § 3, 2004].
9.10.040 Prohibitions.
Except as provided in MCMC 9.10.050:
(1) No person shall kindle, start, maintain or allow to be maintained any burn barrel.
(2) No person shall kindle, start, maintain or allow to be maintained a garbage fire or rubbish fire. A garbage fire or rubbish fire is an open outdoor fire in which the materials burned are 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.
(3) No person shall kindle, start, maintain or allow to be maintained the burning of:
(a) Commercial waste.
(b) Construction waste.
(c) Demolition waste.
(d) Domestic waste.
(e) Industrial waste.
(f) Fields and land clearing. [Ord. 735 § 4, 2004].
9.10.050 Exemptions.
Within the ordinary definition and understanding of said words, the following activities are specifically exempted from the prohibition in MCMC 9.10.040 and shall include but not be limited to:
(1) The outdoor burning of grass, hay, straw, or similar material, as well as commercially available residential dwelling heating fuel, wood, tree limbs, branches, leaves, trimmings, or any other woods debris.
(2) A cooking fire or other 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.
(3) Training fires set and maintained for fire fighting training or training fire protection personnel, provided all safety precautions required by the fire marshal are met.
(4) Emergency fire when the mayor, fire chief, or police chief declares an emergency and in accordance with conditions and restrictions deemed necessary by the fire marshal to protect public health and safety. [Ord. 735 § 5, 2004].
9.10.060 Prohibited materials.
No person may cause or allow to be initiated or maintained any open burning of any wet garbage, plastic, asbestos, wire insulation, automobile part, asphalt, petroleum product, petroleum treated material, rubber product, animal remains, or animal or vegetable material resulting from the handling, preparation, cooking, or service of food or of any other material which normally emits dense smoke or noxious odors; proposed burning will not cause or contribute to significant degradation of air quality. [Ord. 735 § 6, 2004].
9.10.070 Inspection and citation.
(1) The following are listed “enforcement officers” and are hereby specifically authorized by law to make such investigations and inspections as are necessary to enforce the provisions of this chapter, and to issue violation citations to individuals or entities to appear in the Myrtle Creek municipal court:
(a) Any city firefighter, city police officer, city code enforcement officer, city building official, city planning administrator, city administrator, city engineering manager and such other employees of the city of Myrtle Creek as are specifically identified in an order or resolution of the city council.
(2) When it may be necessary to inspect any premises to enforce the provisions of this code, any enforcement officer having reasonable cause to believe that there exists, upon a premises, a condition which is contrary to or in violation of this chapter, the enforcement officer, in accordance with administrative policy, may enter at reasonable times to inspect or to perform the duties imposed by this chapter; provided, that if such premises be occupied that credentials be presented to the occupant and entry requested. If such premises be unoccupied, the enforcement officer shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the enforcement officer shall have recourse to the remedies provided by law to secure entry, including specifically an administrative search warrant from the municipal court. [Amended during 2012 recodification; Ord. 735 § 7, 2004].
9.10.080 Permits.
The fire chief or state fire marshal may issue, refuse, or postpone open burning permits when necessary to prevent danger to life or property from fire, notwithstanding any determination by court or city council or designated officer. [Ord. 735 § 8, 2004].
9.10.090 Penalty.
Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted and upon conviction of any such violation of this chapter, such person shall be punishable by a maximum fine prescribed by statute, or by imprisonment, or by both such fine and imprisonment. [Amended during 2012 recodification; Ord. 735 § 9, 2004].
9.10.100 Severability.
Open burning in compliance with the rules in this chapter does not exempt any person from any civil or criminal liability for consequences or damages resulting from such burning, nor does it exempt any person from complying with any other applicable law, ordinance, regulation, rule, permit, order, or decree of this or any other governmental entity having jurisdiction.
The sections and subsections of this chapter are severable. If any section, provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Nothing in this chapter authorizes or commands or shall be interpreted as authorizing or commanding the performance of any activity which is in violation of any city, county, state or federal law, rule, or regulation. [Ord. 735 § 10, 2004].