Chapter 8.30
FIRE AND FIREWORKS
Sections:
8.30.010 Local fire official designated – Authority – Penalty.
8.30.030 Purpose of provisions.
8.30.010 Local fire official designated – Authority – Penalty.
A. Purpose. This section authorizes the Helper City fire chief as the local fire official for this municipality to prohibit open fires and the use of any ignition source, including fireworks, lighters, matches, and smoking materials, when hazardous environmental conditions necessitate controlling the use thereof.
B. Definitions.
“Fireworks” shall have the same meaning as found in Title 53, Chapter 7, Utah Code Annotated 1953.
“Hazardous environmental conditions” means extreme dryness or lack of moisture, windy conditions, the presence of dry weeds and other vegetation and any combination thereof.
“Ignition source” means fireworks, lighters, matches, smoking materials, and similar means used to ignite fire.
C. Authority of Local Fire Official to Issue Orders. The local fire official is hereby authorized to issue orders prohibiting open burning, open fires, the use of any ignition source, including fireworks, lighters, matches, and smoking materials in any area of the municipality when the local fire official determines that hazardous environmental conditions necessitate controlling or prohibiting the use thereof.
D. Areas Affected. The local fire official shall determine what areas are subject to prohibition and the extent of the prohibition and shall identify the same in a written order. The order may also include a map outlining affected areas.
E. Public Notice. The municipality shall immediately post copies of the written order of the local fire official in at least three public places within Helper City; post a copy of the order on the official municipal website; inform all local news media outlets of the order and provide a copy of the order thereto.
F. Penalty. Any person who intentionally or knowingly violates an order of the fire chief issued pursuant to this section is guilty of a class B misdemeanor.
G. Enforcement. Every officer charged with enforcement of state and municipal laws within the jurisdiction of this municipality, including the fire marshal, is hereby charged with the responsibility to enforce this chapter. [Ord. 2018-4; Ord. 2012-5 § 1].
8.30.020 Permits.
Helper City may issue permits to authorize the prohibited acts at specific times and locations, subject to all other applicable laws, statutes, ordinances, regulations, orders, and rules. [Ord. 2012-5 § 2].
8.30.030 Purpose of provisions.
The purpose of this chapter is to supplement and make more strict already existing fire and fireworks related restrictions upon city owned and city controlled property. To the extent that applicable state or federal laws are more restrictive or onerous than this chapter, such laws shall have effect over this chapter. Nothing contained herein shall be deemed to limit, abrogate, or provide exceptions to any existing fire restriction order or other applicable law, statute, ordinance, regulation or rule. Additional restrictions imposed by other laws, statutes, ordinances, regulations, or rules upon the activities set forth above may apply to the activities listed above. [Ord. 2012-5 § 3].
8.30.040 Violation – Penalty.
Any violation of this chapter shall be a Class B misdemeanor, and will also be deemed to be an unauthorized burning in violation of Section 65A-8-211, Utah Code Annotated 1953. [Ord. 2012-5 § 4].