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Home My Public Portal AboutOrd. 678 - Fires-Open BurningORDINANCE NO. 678 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO FIRES; CLARIFYING THE APPLICABILITY OF SECTION 5-4-010; ADDING PERMIT CONDITIONS; CLARIFYING THAT THE FIRE CHIEF OR HIS DESIGNEE MAY REQUIRE THE IMMEDIATE CESSATION OF OPEN BURNING; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. The McCall City Code Section 5-4-010 relating to prohibited fires is amended to read as follows: 5-4-010: PROHIBITIONS. It is unlawful deliberately or negligently to start a fire under any of the following circumstances: A. In any structure; except, it is lawful to start a fire in a fireplace, incinerator, or stove. provided that the person(s) starting the fire have no reason to believe that use of the same is hazardous or violates applicable air quality regulations.Lx B. k�Whether or not in a structure,using as or among the fuel: garbage, rubbish, decaying matter, dead animals or refuse of any kind; excepting, however, leaves and needles dropped by trees. limbs. splinters. and bark from wood cutting and splitting, and weeds and other vegetation, when in a safe plac regulatief:�;�r_ C. Without a permit at any time when a permit is required. or in violation of the terms of this Subchapter, of such a permit, or of State fire season and open burning regulations. It is prima facie evidence of sucfl negligence in the starting of a fire, that the fire escaped from the initial location of the burning, so as to start a grass, brush, forest, or building fire. Section 2. The McCall City Code, Title 5, Chapter 4, is amended by adding thereto the following new section 5-4-015: 5-4-015: BURNING PERMIT and CONDITIONS: Burning permits are required for any open burning at a time when State fire season regulations require permits: no permit may be issued if the State has declared a closure on open burning. nor shall any person conduct open burning during any such period of closure. City permits shall state the following conditions on the face or obverse of such permit: A. The permittee shall keep the fire under permittee's control at all times; B. The permittee shall keep the fire under permittee's supervision at all times until the same has been completely extinguished: C. The permittee shall have at the place of the fire a garden hose connected to a pressurized water supply, or shall have at such place other Fire Department approved fire extinauishing equipment. in either case readily available for use, until the fire has been completely extinguished: and D. The permittee, by seeking and accepting such permit, and by conducting such open burning, becomes responsible and agrees to be responsible to ORDINANCE NO 678 Adopted by Council May 11, 1995 page 1 of 2 Printed May 19, 1995. Publish May 25, 1995. By the City Attorney at the request of the Fire Chief. pay all costs of suppression of a fire escaping from permittee's control. "Costs of suppression" means costs incurred by the City of McCall Fire Department. the McCall Rural Fire Department. Southern Idaho Timber Protective Association. or by any other agency which responds to such fire. Section 3. The McCall City Code Section 5-4-020 relating to enforcement of fire regulations is amended to read as follows: 5-4-020. SPECIAL ENFORCEMENT. In addition to by the Department, this Subchapter may be enforced by the Building Attie ial Inspector, fire wardens, the Fire Chief or any member of -his -the Fire Department, and persons specifically deputized by either Chief. called together "authorized enforcer(sr in the balance of this paragraph. Without limiting their authority to this clause. authorized enforcers may require that open burning be immediately extinauished upon determining that smoke emissions are unreasonably offensive or potentially harmful to the occupants of the same or surrounding properties. or u_gon determining that the open burning is hazardous. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved May 11, 1995. Dean Martens Mayor James H. Henderson, City Clerk ORDINANCE NO 678 Adopted by Council May 11, 1995 page 2 of 2 Printed May 19, 1995. Publish May 25, 1995. By the City Attorney at the request of the Fire Chief. City of McCall Certificate of Recording Officer State of Idaho ) County of Valley ) I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 678 is a true and correct copy of an ordinance passed at a duly called special meeting of the Council of the City of McCall held on May 11, 1995, and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 24th day of May 1995. James H. Henderson, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Ramona A. French, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the NOTICE OF ORDINANCE #678, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecutive week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began May 25, 1995 and ended May 25, 1995. Subscr bed and swo STATE OF IDAHO COUNTY OF VALLEY me this the 25th day of May, 1995. On this 25th day of May, in the year of 1995, before me, a Notary Public, personally appeared Ramona A. French, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowl- edged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 ORDINANCE NO.678 ' • AN' ORDINANCE OF THE ' CITY OF rcCALL, IDAHO, RELATING TO FIRES; LARIFYING THE APPLICABILITY OF CTION 5-4-010; ADDING PERMIT CON- TIONS; CLARIFYING THAT'THE FIRE HIEF OR HIS DESIGNEE MAY REQUIRE HE IMMEDIATE CESSATION OF OPEN URNING; AND PROVIDING AN EI'r1 C- VE DATE. BE IT ORDAINED BY THE MAYOR ND COUNCIL OFTHE CITY OFMcCALL, IDAHO, AS FOLLOWS: Section I. The McCall City Code Section 5-4-010 relating to prohibited fires.is amended to read as follows: 5-4-010: PROHIBITIONS. It!is unlawful. deliberately or negligently to start a fire under any of the following circumstances: A. In any structure; except; it'is lawful to start a fire in a fireplace, incinerator, or stove, provided that the person(s) starting the fire have no reason to believe that use of the same is hazardous or violates that ;s ;n a mpha,, , applicable air quality regulations..-: or B. i3Whether or not in a structure using as or among the fuel: garbage, rubbish, decaying I matter, dead animals or refuse of any kind; excepting, however, leaves and needles dropped by trees, limbs, splinters, and bark from wood cutting and splitting, and weeds and other veg= etation, when in a safe plact, a„d with a ,;tt..,I c.ona., J[$G. IItL ac$a0u ,..sula4onS, au ,l ally atrp aLlc a;, qua n,gulations .: or. C. Without a permit at any time .when a 'permit is required, or in violation of the terms of this Subchapter, of such a permit, 'or of State fire season and open buming regulations. It is prima facie evidence of such negli- gence in the starting of a fire, that the fire escaped from the initial location of the burning, so as to start a grass, brush, forest, or building fire. Section 2. The McCall City Code, Title 5, Chapter 4; is amended by adding thereto the following new section 5-4-015: , 5-4-015: BURNING PERMIT and CON-, DITIONS: Burning permits are required for any open burning at a time when State fire season regulations require permits; no permit may be issued if the State has declared a closure on open burning, nor shall any person conduct open burning during any such period of clo- sure. City permits shall state the following conditions on the face or obverse of such per - such permit, and by conducting such open burning, becomes responsible and agrees to be responsible to pay all costs of suppression of a fire escaping•from permittee's control. "Costs _ of suppression'means costs incurred by the City of McCall Fire Department, the McCall Rural Fire Department, SouthernIdaho Timber Protective Association, or by any other agency - which responds to such fire. Section 3. The McCall City Code Section 5-4-020 relating to enforcement of fire regula- tions is amended to read as follows: 5-4-020. SPECIAL ENFORCEMENT.In addition to by the Department, this Subchapter may be enforced by the Building Official In- spector, fire wardens, the Fire Chief or any member of -his the Fire Department, •and per- sons specifically deputized by either Chief, called together "authorized enforcer(s)" in the balance of this paragraph Without limiting their authority to this clause, authorized enforc- ers may require that open burning be immediately extinguished upon determining that smoke emissions are unreasonably offen- sive or potentially harmful to the occupants of the same or surrounding properties, or upon determining that the open burning is hazard- ous. Section 4, This Ordinance shall be in'full force and effect from and after its passage, approval and publication as required by law. Passed and approved May 11, 1995. Dean Martens; Mayor ATTEST: James H.Henderson, City Clerk 1t5/25 `_ I I I _ A. The permittee shall keep" the: tree permittee's control at all times; 4 B. The permittee shall keep the fire under permittee's supervision at all times until the i same has been completely extinguished; C. The permittee shall have at the place of the fire a garden hose connected to a pressur- ized water supply, or shall have at such place .other Fire Department approved fire extin- guishing equipment, in either case readily a 1 available for use, until the fire has been com- pletely extinguished; and . D. The permittee, by seeking and accepting l r I