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HomeMy Public PortalAboutORD 51_Open Burning_07161992ORDINANCE NO. 51 AN ORDINANCE REGULATING OPEN BURNING WITHIN THE CITY OF IONA, IDAHO; DEFINING CERTAIN TERMS; PROHIBITING OPEN BURNING GENERALLY; ESTABLISHING CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. OPEN BURNING DEFINED. The term "open burning" shall mean the burning or combustion of any material where the products of combustion are not directed through a duct, passage, smokestack, flue or chimney. Section 2. OPEN BURNING PROHIBITED. Except as provided hereafter, any person who allows or causes open burning within the City is guilty of a misdemeanor. Section 3. EXCEPTIONS. Nothing herein shall prohibit open burning for the following purposes: A. Fires used for the preparation of food or for recreational nr ceremonial purposes if conducted under the control of a responsible adult; B. Fires used as part of a training exercise conducted by any public agency; C. Safely operated industrial flares for combustion of flammable gases; -1- D. Fires used for the control or alleviation of fire hazard or for weed control where a permit has been first obtained from the Bonneville County Fire Protection District. Section 4. REGULATED OPEN BURNING. Notwithstanding the foregoing, open burning is allowed within the City during the months of April and October of each year upon the following conditions: A. The person in control of the open burning does not permit or allow smoke to drift in or upon any structure occupied or used by human beings; B. The open burning is conducted at a distance of more than 50 feet from any building, structure or improvement to property and more than 200 feet from any storage tank, pump or other fixture containing any flammable gas or liquid; C. A garden hose connected to a water supply or other adequate fire extinguishing equipment is readily available; D. The person in control of the open burning remains within the immediate proximity of the open burning until all flames and smoke have been completely extinguished; E. The open burning is conducted only between the hours of 10:00 a.m. and 5:00 p.m., and provided further that all visible smoke shall be completely extinguished after 7:00 p.m. -2- F. The wind velocity is not greater than five miles per hour in any direction. Section 5. PROHIBITED SUBSTANCES. Nothing herein shall permit open burning of the following substances: A. Household garbage, grass clippings, leaves and garden debris; B. Oil, grease or asphalt or other petroleum -based products; C. Motor vehicles or motor vehicle parts; D. Commercial or industrial waste; E. Rubber or tires; F. Dead animals or animal parts or entrails; G. Construction or demolition debris; F. Asphalt shingles; G. Railroad ties or telephone poles; H. Chemically treated fence poles; I. PCB's or any other plastic or polymer substances; J. Any other substance which when burnt emits a noxious fume or particle or which is hazardous to human health or safety. Section 6. PENALTY. Any person who violates this Ordinance shall be punishable by a fine not to exceed Three Hundred Dollars ($300) or by imprisonment for not more than -3- six (6) months, or by both such fine and imprisonment for any single violation. Section 7. SEVERABILITY. The provisions of this Ordinance are severable, and in the event any provision is found to be invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections. Section 8. EFFECTIVE DATE. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of , 1992. ATTEST: 4( / -City-Clerk -{SEAT y Mayor -4- STATE OF IDAHO :SS County of Bonneville I, gor1a/1 4/. , CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, correct copy of the Ordinance entitled, "AN REGULATING OPEN BURNING WITHIN THE CITY OF IONA true and ORDINANCE , IDAHO; DEFINING CERTAIN TERMS; PROHIBITING OPEN BURNING GENERALLY; ESTABLISHING CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE." 265.1E/DWSD 4-4,a /71 City Clerk -5- August 24,1987 TO: ALL RESIDENTS OF IONA FROM: THE MAYOR AND CITY COUNCIL OF IONA SUBJECT: LAWS GOVERNING BURNING GARBAGE AND DOG CONTROL In an effort to improve the living conditions of our community and to safeguard the health of our residents we find it necessary to bring two specific items to your attention that require your attention and observance. 1. Under the "Rules and Regulations for the Control of Air Pollution in Idaho" as established by the State Dept. of Health and Welfare in 1985, Section 1-1151 and 1-1153, the burning of household garbage or waste is NOT allowed, where a scheduled house to house waste collection service is available. In ord- er to comply with these regulations and in order to respect the rights of your neighbors, anyone now using burn barrels of any sort are being asked to make other arrangements to dispose of their garbage. Failure to discontinue this form of open burning may result in citations being issued by the Police Dept. We hope this action won't be necessary and that you will spare your neighbors the displeasure of having to smell the obnoxious odor of burning garbage. This in- cludes those who pile their grass clippings and then set them on fire and allow them to smolder for hours. 2. Under the Iona City Ordinance on Dog Control, it is not allowed for ANYONE'S dog to run loose on the streets of town or on anyone else's property than the owners. This applies to ALL dogs no matter how "friendly" they are. Last year we received many complaints from people concerning several dogs that fol- lowed the kids to school and resulted in problems when they would fight with each other or would scare other kids. As school time approaches, we request that you all keep your dogs in your own yards at all times. Failure to comply with this law will result in citations being issued, dogs being impounded and the owners being charged for all expenses involved. An increased effort will be made to enforce the law this year so don't let your favorite pet become a victim! We sincerely hope everyone will cooperate in this effort to make Iona still a better place to live. We appreciate the concerns of those who have brought items to our attention and also those who do their best to abide by the laws and be considerate of their neighbors. Thank you for your careful consideration of these items.