Chapter 8.16
OUTDOOR BURNING
Sections:
8.16.010 Adoption by reference.
8.16.020 Outdoor burning – Violations – Extinguishment.
8.16.030 Outdoor burning – Violations – Penalties.
8.16.040 References to the Revised Code of Washington.
8.16.010 Adoption by reference.
The following sections of the Revised Code of Washington, as presently constituted or hereinafter amended, are adopted by reference as the outdoor burning code of the City of Everson:
|
RCW |
|
70.94.743 Outdoor burning – Areas where prohibited – Exceptions – Use for management of storm or flood-related debris – Silvicultural burning. |
[Ord. 677 § 10, 2008.]
8.16.020 Outdoor burning – Violations – Extinguishment.
In the event of any outdoor fire in violation of this chapter, the Whatcom County Fire Protection District No. 1 Fire Chief or any Everson law enforcement officer may summarily order the extinguishment of any fire. In the event of the failure of the property owner or person in charge of the fire to immediately extinguish the same upon order of the Whatcom County Fire Protection District No. 1 Fire Chief or any Everson law enforcement officer, that Fire Chief or officer may extinguish the same using the services of Whatcom County Fire Protection District No. 1 or any other responding fire fighting agency, and the property owner or person in charge of the fire shall be responsible for any and all reasonable expense incurred in fighting and suppressing the fire. [Ord. 691 § 5, 2009; Ord. 677 § 10, 2008.]
8.16.030 Outdoor burning – Violations – Penalties.
A. Any person, firm or corporation found to have violated any of the provisions of this chapter shall be deemed guilty of a Class 1 civil infraction, and each day during which such violation is continued or committed shall constitute a separate infraction.
B. The monetary penalty provided in subsection A of this section will be imposed by a written notice of infraction, which shall be served by personal service or with a summons sent by certified mail, with return receipt requested, to the person, firm, or corporation incurring the same. The notice of infraction shall state the proposed amount of the penalty imposed and shall describe the violation with reasonable particularity in ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time.
C. In addition to the civil infraction described above, the City may bring such injunctive, declaratory or other actions deemed necessary to ensure that violations of this chapter are prevented or cease, and to otherwise enforce the provisions hereof.
D. Any person, firm or corporation found to have violated, or continued to violate, any of the provisions of this chapter after being ordered by the Whatcom County Fire Protection District No. 1 Fire Chief or an Everson law enforcement officer to stop or to extinguish an illegal fire, shall be guilty of a simple misdemeanor. Each day or part thereof of noncompliance with the order shall constitute a separate offense. [Ord. 691 § 5, 2009; Ord. 677 § 10, 2008.]
8.16.040 References to the Revised Code of Washington.
References to the Revised Code of Washington (RCW) incorporate, by reference, such sections of the RCW now in effect or as subsequently amended including, but not limited to, any applicable definitions section associated with such sections. In adopting State statutes by reference, only those offenses within the jurisdiction of a municipality are intended to be adopted. [Ord. 677 § 10, 2008.]