Chapter 17.01
OPEN BURNING, RECREATIONAL FIRES, BURN RESTRICTIONS AND BURN BANS

Sections:

17.01.010    Open burning, recreational fires, burn restrictions and burn bans.

17.01.010 Open burning, recreational fires, burn restrictions and burn bans.

A.    Open Burning.

1.    Open burning is prohibited within the city limits of Centralia.

2.    Open burning is the destructive burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include recreational fires or use of portable outdoor fireplaces when conducted or used in accordance with this chapter.

3.    Open burning does not include road flares or similar devices associated with traffic safety, open flames used in occupational processes or operations specifically authorized by the fire code official.

B.    Recreational Fires.

1.    A recreational fire is an outdoor fire, burning materials other than rubbish, where the fuel being burned is clean, combustible solid wood fuels in an outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of three feet (nine hundred fourteen millimeters) or less in diameter and two feet (six hundred ten millimeters) or less in height for recreational cooking, warmth or similar purposes.

2.    A portable, outdoor, solid-fuel-burning fireplace may be constructed of steel, concrete, clay or other noncombustible material and is designed to be readily transported for recreational use.

3.    Recreational fires are authorized within the city limits, except during times of a declared burn ban.

4.    Recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A garden hose or other suitable method of extinguishment shall be readily available.

C.    Burn Restrictions.

1.    During periods of inclement weather conditions, recreational fires and use of portable outdoor fireplaces may be restricted until such conditions improve. Examples of inclement weather conditions include extended periods of dry weather and low humidity levels or atmospheric stagnation.

2.    Burn restrictions will be declared by the RFA in conjunction with regional partners.

D.    Burn Ban.

1.    A burn ban may be declared by the RFA in extremely dry, low humidity conditions. A burn ban prohibits all burning including recreational fires.

2.    Determination of such conditions that warrant a burn ban will be made in a collective effort by the RFA, in conjunction with regional partners, using scientific analysis of fuel moisture and atmospheric conditions.

E.    Burn Ban Declared.

1.    When a burn ban has been declared by the RFA, the city manager of the city of Centralia shall sign a “burn ban declaration,” as prepared by the city attorney. The ban shall take effect immediately upon signature of the declaration.

2.    Once the declaration is signed, the city clerk shall notify the local public media of the ban via a press release.

3.    The declaration shall be ratified by resolution at the next regularly scheduled meeting of the city council.

F.    Extinguishment Authority. The RFA shall have the authority during times of burn restrictions and burn bans to order the extinguishment of unlawful fires, including but not limited to recreational fires.

G.    Violations and Penalties

1.    Violations of this code and associated penalties are adopted under CMC 18.04.040(H).

2.    CMC 18.04.040(H) is restated for the purpose of information and education:

Violations—Civil Infraction—Misdemeanor—Gross Misdemeanor.

1. Any person, firm or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed the following:

a. First Offense. Constitutes a Class 1 civil infraction with the maximum assessment not to exceed the amount of two hundred fifty dollars, not including statutory assessments.

b. Second Offense. Constitutes a misdemeanor and, if found guilty, shall be subject to a fine not to exceed one thousand dollars, plus costs and assessments, and/or imprisonment not to exceed ninety days or to both such fine and imprisonment. A second offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.

c. Third or Subsequent Offenses. Constitutes a gross misdemeanor and, if found guilty, shall be subject to a fine not to exceed five thousand dollars, plus costs and assessments, and/or imprisonment not to exceed three hundred and sixty-five days or both such fine and imprisonment. A third or subsequent offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.

(Ord. 2433 § 1, 2019).