Chapter 8.28
ORCHARD HEATERS*
Sections:
8.28.040 Burning of rubber products prohibited.
8.28.050 Multiple-acre heating device use restrictions.
8.28.060 Heating devices—Operations checked when.
* For statutory authority for cities to declare nuisances and to prevent and abate them by all the remedies given by law, see RCW 35.27.410; for the provisions that code cities shall have all the powers of a city of any class, see RCW 35A. 21.160.
8.28.010 Short title.
This chapter shall be known as the “crop heating ordinance” of the city of Prosser. (Ord. 729 § 1, 1966).
8.28.020 Purpose.
The controls as set forth in this chapter are deemed necessary to maintain the highest practical standards of purity of the air, in order to promote the public enjoyment of the state’s natural scenic and outdoor recreational resources, and to facilitate the growth of desirable natural and agricultural plant and animal life. It is necessary to the health, safety and welfare of the people of the city to provide means for control and prevention of air pollution. (Ord. 729 § 2, 1966).
8.28.030 Definitions.
A. “Multiple-acre heating device” means any heating device, whether fixed or portable, capable of heating one or more acres.
B. “Solid carbonaceous matter” includes, but is not limited to, the following materials: Soot, smoke, carbon, resin, tar, wax or any combination thereof. (Ord. 729 § 3, 1966).
8.28.040 Burning of rubber products prohibited.
It is unlawful for any person, firm or corporation to use, light or burn, or permit or cause to be used, lighted or burned for the protection of crops from frost or freezing, any rubber, rubber tires or other rubber-based products within the city. (Ord. 729 § 4, 1966).
8.28.050 Multiple-acre heating device use restrictions.
It is unlawful for any person, firm or corporation to use, light or burn, or permit or cause to be used, lighted or burned for the protection of crops from frost or freezing, any heating device which produces unconsumed solid carbonaceous matter at a rate in excess of one and one-half grams per minute; provided however, that multiple-acre heating devices which produce unconsumed solid carbonaceous matter at a rate in excess of one and one-half grams per minute shall be permitted so long as such multiple-acre heating device does not produce unconsumed solid carbonaceous matter at a rate in excess of seventy-five grams per minute per acre and provided that not more than one of such heating devices be permitted for each acre to be heated. (Ord. 729 § 5, 1966).
8.28.060 Heating devices—Operations checked when.
The first one-half hour after a heating device is ignited shall not be considered in determining whether or not such heating device produces more than the permitted amount of solid carbonaceous matter per minute. (Ord. 729 § 6, 1966).
8.28.070 Violation—Penalties.
Any person who violates any provision of this chapter is guilty of a misdemeanor. Every day during any portion of which such violation occurs shall constitute a separate offense. (Ord. 729 § 7, 1966).