CITY OF RIGGINS ORDINANCE NO. 211

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, KNOWN AS THE RIGGINS OPEN BURNING ORDINANCE; PROVIDING FOR ENFORCEMENT WITHIN THE RIGGINS CITY LIMITS; AND, PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS, TO WIT:

SECTION 1 - Purpose and Intent:  The City of Riggins recognizes that the public health and safety of the residents of the City of Riggins and the protection of their property requires the regulation of open burning.  


SECTION 2 - Definitions:  For the purposes of this section, the following terms are defined below:

A.	Open Burning:  Starting or maintaining any fire outside a residence or other building structure where the products of combustion are emitted directly into the ambient air without passing through a stack, chimney or similar exhaust device.  Open burning does not include fires contained wholly within a barbecue, cooker, or similar device designed, intended and used for outdoor cooking, and that is not intended or being used for burning of substances otherwise prohibited under this section.  Open burning also applies to material that is burned in burn barrels, air curtain destructors, or other such devices. 

B.	Recreational and Warming Fires:  Fire for the preparation of food, campfires, and barbecues, enclosed in a fire ring no more than 3 feet in diameter.

SECTION 3 – Burning Prohibited from May 10th to October 5th:

A.	Given the dry conditions and potential fire danger, the City of Riggins prohibits open burning from May 10th to October 5th of each year within City limits.  
Note: Recreational and warming fires are allowed during this time.  Recreational fires, cooking fires, or warming fires must comply with the following restrictions:  

I.	Fires for the preparation of food, campfires, and barbecues must be enclosed in a fire ring no more than 3 (three) feet in diameter.

II.	They shall not be ignited within twenty-five (25) feet of a structure or combustible material unless the fires are contained in a barbecue or barbecue pit.  Persons igniting these fires shall remove materials that could cause a fire to spread to within twenty-five (25) feet of a structure before lighting these fires.

III.	A responsible person, who knows how to safely contain a recreational, cooking, or warming fire, must be present at the fire at all times until the fire is extinguished.  

B.	In the event an open burn must occur, in an effort to reduce potential fire danger to surrounding structures and property, approval must be obtained from the City of Riggins Fire Chief at least 24 hours prior to the start to evaluate conditions and risks associated with the open burn.  Call City Hall at 628-3394 (10 am- 5 pm Monday-Friday) to reach the City of Riggins Fire Chief.    
  
SECTION 4 – Burning Allowed from October 6th to May 9th:  
The City of Riggins allows open burning within City limits from October 6th to May 9th of each year in the following circumstances:

1)	Burning irrigation ditches to keep them clear of plant and weed growth;
2)	To control or alleviate fire hazards or weeds;
3)	To train organized firefighting personnel;
4)	To dispose of tree remnants and dry vegetation;
5)	Recreational fires, cooking fires, or warming fires must comply with the following restrictions: 
 
I.	Fires for the preparation of food, campfires, and barbecues must be enclosed in a fire ring no more than 3 (three) feet in diameter.
II.	They shall not be ignited within twenty-five (25) feet of a structure or combustible material unless the fires are contained in a barbecue or barbecue pit. 
 Persons igniting these fires shall remove materials that could cause a fire to spread to within twenty-five (25) feet of a structure before lighting these fires.
III.	A responsible person, who knows how to safely contain a recreational, cooking, or warming fire, must be present at the fire at all times until the fire is extinguished.  

6)	The Riggins Fire Chief must be contacted at least 24 hours prior to the start of the open burn to evaluate conditions and risks associated with the open burn.  

SECTION 5 - Restrictions on Open Burning:

A.	It shall be unlawful to engage in Open Burning of garbage, trash, refuse, household solid waste, construction or demolition waste, tires, plastics, rubber, toxic or hazardous substances, or other substances as may be prohibited by State or Federal law.  

B.	Open burning shall not be conducted within fifty (50) feet of any structure or combustible material.
  
C.	A competent person 18 years of age or older shall constantly attend any open burn until such time that said burn is completely extinguished.  This person must have sufficient tools and equipment on hand to extinguish the fire.  Such equipment may include, but is not limited to: hoses connected to a functional water supply; shovels; fire extinguishers, or other fire extinguishing equipment suitable to maintain control of the open burn.

D.	All Open Burning shall be conducted in such a manner that the burning does not create a hazard to persons or dwellings, or cause excessive smoke or offensive odors.  All Open Burning shall be conducted in a manner such that the combustible materials and fire are contained and controlled to prevent spread of the fire, embers or burning materials.

E.	No person shall kindle a fire upon the premises of another without the permission of the property owner, or the owner’s agent.

F.	The Mayor, on the advice of the City Fire Chief, shall have the authority to rescind open burning immediately if it is determined that atmospheric, weather or hazardous conditions of local circumstances constitute a threat to the public safety or property.

G.	The person responsible for an open burn shall extinguish the open burn completely before leaving the open burn for any reason whatsoever, or upon the order of the City Fire Chief, or a law enforcement officer.  An order to extinguish an open burn may be based on any of the following reasons:

I.	Conducting an open burn in violation of this Ordinance;
II.	Insufficient or unsuitable personnel present to control the Open Burn;
III.	A change from favorable to unfavorable weather or burning conditions;
IV.	Conducting an Open Burn that is determined to be dangerous or a nuisance.

Section 6 - Liability:  

A.	The City of Riggins, its officials and employees, shall not be liable for any injury to persons or property by reason of any act or omission under this section.  

B.	The City Council may determine to hold the person or business owner responsible for the Open Burn liable for any costs that the Fire Department reasonably incurs as a result of responding.  The costs may be based on Idaho Department of Lands rates.

Section 7 - Enforcement:  Violations of this Ordinance shall be misdemeanors and shall be subject to penalties as provided for infractions under Idaho law.
	
Section 8 - Saving Clause:  Should any section or provision of this ordinance be declared invalid, such decision shall not affect the validity of the ordinance as a whole or any other part thereof.

Section 9 - All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 10 - Provides for passage, publication, either in entirety or by summary, in compliance with Section 50-901A Idaho Code, and an effective date.

The full text of Ordinance No. 211 is available at City Hall and will be provided to any citizen upon personal request during normal office hours.

PASSED:  This ordinance passed under a suspension of the rule requiring three readings on separate days at a regular meeting of the City Council held on the _____ day of _________, 2014. 



						__________________________________________
						GLENNA MCCLURE, Mayor

ATTEST:


_____________________________________
BRENDA TILLEY, City Clerk