Chapter 8.36
OUTDOOR BURNING
Sections:
8.36.050 Outdoor burning – Fires prohibited.
8.36.090 All outdoor burning prohibited June through September.
8.36.010 Purpose and intent.
The purpose of this title is to provide a minimum standard to safeguard life and limb, health, property, public welfare and public safety, and to enhance the air quality of the city by regulating and controlling the time, types of materials, and location of open burning within the city of Okanogan. (Ord. 941 § 1, 2002)
8.36.020 Authority.
Pursuant to RCW 70.94.780, political subdivisions of the state of Washington are authorized to limit outdoor burning and require permits for outdoor burning. This authority is consistent with the requirements of the International Fire Code and Chapter 19.27 RCW. (Ord. 991 § 1, 2004; Ord. 941 § 1, 2002)
8.36.030 Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the meanings ascribed to them in this section:
A. “Outdoor burning” means the burning of a bonfire, rubbish fire in an outdoor location where fuel being burned is not contained in an incinerator, outdoor fireplace, burn barrel, barbecue grill or barbecue pit.
B. “Natural vegetation” means unprocessed plant material including shrubbery, trees, grass, weeds, leaves, clippings, brush, branches, roots, stumps, and trunk wood. (Ord. 941 § 1, 2002)
8.36.040 Permit required.
Outdoor burning shall be allowed by permit only. Annual permits will be issued for the period of January 1st through December 31st of each year. Outdoor burning shall be and is hereby limited to fires consisting of leaves, clippings, prunings, and other yard and gardening refuse originating on lands immediately adjacent to and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee. The annual permit required by this section shall be obtained from the fire chief or his designate, and said permit shall be nontransferable. Nothing in this section shall be interpreted to limit the application of and/or the provisions of Section 307 of the International Fire Code and RCW 70.94.750. (Ord. 991 § 1, 2004; Ord. 941 § 1, 2002; Ord. 750, 1991; Ord. 716 § 1, 1989. Formerly 8.36.010.)
8.36.050 Outdoor burning – Fires prohibited.
No person shall cause or allow any outdoor fire:
A. Which contains garbage, dead animals, or animal parts, asphalt, petroleum products, plastic, or any substance other than natural vegetation, or which normally emits dense smoke or obnoxious odors. Agricultural heating devices that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section.
B. During a declaration of air pollution emergency by the Governor.
C. Between the period of time between sunset and sunrise.
D. From an enclosed metal container or burn barrel. (Ord. 941 § 1, 2002)
8.36.060 Violation.
It shall be unlawful for any person, firm or corporation to burn without a permit, to burn during a period when burning is prohibited, to burn in violation of any portions of OMC 8.36.050, and/or to burn contrary to the provision and limitations of the permit issued. (Ord. 941 § 1, 2002)
8.36.070 Penalty.
Violation of the provisions of this chapter by any person, firm or corporation is a civil infraction for which civil penalties shall be assessed as per the city of Okanogan fee schedule, in addition to reimbursement to the city for any cost of extinguishing the burning debris at the hourly rate set by the Washington State Fire Chiefs Association. This payment of such fee shall not exempt any person from compliance with all other provisions of this code, nor from any penalty prescribed by law. (Ord. 941 § 1, 2002)
8.36.080 Controlled burns.
The fire chief, through the fire department, may do controlled burns within the city limits after sundown and at his discretion. This will be done at the property owner’s request and with the property owner’s written permission. (Ord. 941 § 1, 2002; Ord. 750, 1991; Ord. 716 § 1, 1989. Formerly 8.36.030.)
8.36.090 All outdoor burning prohibited June through September.
No outdoor burning of any kind, notwithstanding issuance of a permit, shall be allowed within the city of Okanogan between the period from June 1st through September 30th of any calendar year. In the case of severe conditions, the fire chief may close outdoor burning until conditions improve. Violation of this provision of this chapter shall be subject to the penalty provided in OMC 8.36.070. (Ord. 941 § 1, 2002; Ord. 788A § 1, 1994. Formerly 8.36.040.)