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HomeMy WebLinkAboutOrdinance 1624ORDINANCE N0. 1624 AN ORDINANCE ADOPTING REGULATIONS AND A PERMIT PROCESS FOR OUTSIDE BURNING THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. There is hereby added to the Municipal Code of the City of Central Point Chapter 8.02, which is to read as follows: Chapter 8.02 OUTSIDE BURNING 8.02.010 Outside Burnin - Conditions. A. No person shall start or maintain any fire outside of a building (except for an outdoor cooking fire and agricultural heating devices) for the purpose of burning any combustible material, or cause or participate therein, nor shall any person in control of any premises cause or knowingly allow any such fire to be started or maintained on any part of said premises unless: (1) A written permit has been issued by the City Fire Chief or designee to maintain such fire at that location; and (2) The fire is started and maintained in accordance with the terms of the permit and the following requirements of this chapter. 8.02.020 Restriction on Permits. A. No permit shall be issued under any circumstances for outside burning during December or January. B. No permit shall be issued where burning would constitute a violation of Oregon Administrative Rules governing open burning in the Rogue Basin Open Burning Control Burning Area. C. No permits shall be issued for burn barrels, trash incinerators or other similar devices, and the use thereof is prohibited within the City. D. The Fire Chief or designee shall not approve outside burning on any day in which it is determined that low humidity, high winds, drought, or other weather or unusual conditions exist which make outside burning generally, or at the particular time and place proposed, unreasonably hazardous to the safety of persons or property. In no event shall the Fire Chief or designee approve outside burning on a day when one or more of the following conditions exist, or in the Fire Chief or designee's ORDINANCE N0. 1624 - 1 (BURNING.ORD - 092689) determination are likely to exist: (1) Temperatures above 90° fahrenheit, (2) Winds above 20 miles per hour, or (3) Humidity below 30 percent. E. The Fire Chief or designee shall not approve outside burning on any day when it is determined that the Ventilation Index is less than 400 during that day. The Ventilation Index is the National Weather Service's indicator of the relative degree of air circulation for the Medford area. Section 8.02.030 Issuance of Permit. A permit may be issued only for the following purposes: A. Controlling agricultural diseases such as blight that must be quickly destroyed by fire to prevent the spread of the disease; B. Burning contaminated pesticide containers as prescribed by DEQ and manufacturer specifications; C. Burning beehives and beekeeping paraphernalia to eradicate the spread of disease; D. Burning a structure or the other use of fire for training purposes by a fire department in coordination with DEQ; E. Field burning in agricultural areas; F. The burning of vegetative material by the public at large from March 15th to April 30th and from October 1st to November 15th of each year, subject to all terms and conditions of said permit and the terms and conditions of this ordinance. Each permit shall contain a written condition in bold-faced type to the effect that permittee shall contact the Fire Chief's office before each fire is started and ascertain that outside burning is approved under the terms and restrictions of this ordinance, by the Fire Chief or designee, for that day. No permit shall be valid as to any day on which the Fire Chief has ascertained that burning is not permitted under said subsections. Additionally, the Fire Chief or designee may condition any permit issued hereunder to exclude the burning of any particular material upon a finding by the Fire Chief or designee that the burning o£ such material would be unduly obnoxious in the locality of the proposed burning site. 8.02.040 Time of Burnin Fires which are the subject of this chapter shall be maintained during daylight hours only, and by a competent adult person, and shall be extinguished prior to darkness unless continued burning is specifically authorized in writing by the Fire Chief or designee. Additionally, the Fire Chief or designee, as a permit condition, may restrict fires to limited daylight hours which shall be specified on the permit. 8.02.050 Nuisance. Burning without a permit as prescribed by this chapter, or in violation of the terms of any permit, or any other act in violation of this chapter, is hereby declared to be a public nuisance and may be summarily abated by the Fire Chief or designee or the Chief of Police. ORDINANCE N0. 1624 - 2 (BURNING.ORD - 092689) 8.02.060 Penalty. Burning without a permit as prescribed by this chapter, or in violation of the terms of any permit, or any other act in violation of this chapter shall be a violation of ordinance punishable under the general penalty ordinance of the City. Section 2. Chapter 15.16 of the Central Point Municipal Code is hereby repealed. Passed by the Council and signed by me in authentication of its passage this 20th day of ATTEST: '~ Designated C/i -y Officer October 1989. ---..~ i Mayor APPROVED by me this 20th day of October 1889. ___.~ Mayor ~,i / ORDINANCE NO. 1624 - 3 (BURNING.ORD - 092689)