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City of Columbia City 1840 Second Street, PO Box 189, Columbia City, OR 97018 (503) 397-4010 |
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ORDINANCE NO. 03-588-O
AN ORDINANCE PROHIBITING OUTDOOR BURNING; PROVIDING FOR
EXEMPTIONS; ESTABLLISHING PENALTIES.
WHEREAS, Section 4
of Chapter II of the Charter of the City of Columbia City provides:
Section 4. Powers
of the City. The City shall have
all powers which the Constitution, statutes, and common law of the United
States and of this State expressly or impliedly grant or allow municipalities,
as fully as though this Charter specifically enumerated each of those powers;
and
WHEREAS, the
above-referenced grant of power has been interpreted as affording all the
legislative powers home rule constitutional provisions reserve to Oregon
Cities. City of Beaverton v.
International Ass'n of Fire Fighters, Local 1660, Beaverton Shop 20 Or.
App. 293, 531 P.2d 730, 734 (1975); and
WHEREAS, smoke
from outdoor burning in populated areas can present a serious health hazard to
individuals with respiratory ailments, including children, elderly people,
individuals with cardiovascular disease, and individuals with impaired
respiratory function, including asthmatics and those with obstructive airway
disease; and
WHEREAS, smoke from outdoor burning is a common cause of
nuisance complaints between neighbors and is often a public nuisance impacting
not only residents but the traveling public; and
WHEREAS, outdoor
burning is one of the most frequent nuisance-related complaints placing demands
on the limited personnel resources of the Columbia River Fire & Rescue
District; and
WHEREAS, smoke
pollution is a historical and traditional nuisance, especially considering the
proven adverse health impacts of smoke on human beings; and
WHEREAS, the City
of Columbia City has an available alternative to open burning of yard debris as
the City provides residents with a local yard waste disposal site twice
annually; and
WHEREAS, the City Council of Columbia City finds that it is
in the interest of the public health, safety, and welfare of the citizens of
the City of Columbia City to strictly regulate outdoor burning.
NOW THEREFORE, THE
CITY OF COLUMBIA CITY ORDAINS AS FOLLOWS:
Section 1. Recitations. The above recitations are true and correct
and are incorporated herein by this reference.
Section 2. Short
Title. This Ordinance shall be
known as the "Outdoor Burning Ordinance."
Section 3. Prohibitions.
(a) Except
as provided in Section 4 below, No person shall kindle, start, maintain or
allow to be maintained, an "open outdoor fire." For purposes of this Ordinance, an
"open outdoor fire" shall include any open outdoor fire within the
ordinary definition and understanding of said words, and shall include but not
be limited to, the outdoor burning of grass, hay, straw, or similar material,
as well as commercially available fuel, wood, tree limbs, branches, leaves,
trimmings, or any other woody debris, and may also include burning other
inappropriate material such as waste, debris, trash, rubbish or garbage,
regardless of whether the fire is in the open or contained in a fire ring, burn
barrel, outdoor fireplace, trash burner, incinerator, barbecue pit, fire pit or
other similar burning container.
(b) No
person shall kindle, start, maintain or allow to be maintained a garbage fire
or rubbish fire. A garbage fire or rubbish
fire is an open outdoor fire in which the materials burned are ordinarily found
in household garbage and trash, including but not limited to food packaging,
cardboard and plastic food containers, as well as putrescible and
nonputrescible materials.
Section 4. Exemptions. The following activities are specifically
exempted from the prohibition in Section 3 above:
(a) Cooking
Fire. Outdoor fire used for pleasure,
religious, ceremonial, cooking or similar purposes with the fire contained in a
fireplace, barbecue grill, barbecue pit, or other similar enclosure
specifically designed for outdoor recreation or cooking. Notwithstanding this exception, no outdoor
fire is permitted in any type of burn barrel.
(b) Recreation
Fire. A fire as defined in Section 219
of the Oregon Uniform Fire Code, to wit:
Recreation Fire is the burning of materials other than rubbish where the
fuel being burned is not contained in an incinerator, outdoor fireplace,
barbecue grill, or barbecue pit (or other enclosure) and with a total fuel area
of 3 feet (913 mm) or less in diameter and 2 feet (610 mm) or less in height
for pleasure, religious, ceremonial, cooking or similar purposes.
(c) Biannual
Burn Period. An "open outdoor
fire" may be allowed by special permit during the following special burn
periods:
1. A
period beginning the first Saturday in April and ending the Third Sunday in
April
2. A
period beginning the first Saturday in November and ending the third Sunday in
November.
3. Such
other period as established by Resolution of the City Council.
Special Permits shall be issued by the
Columbia River Fire and Rescue District Fire Marshal. A permit may be issued only for the approved burn periods and
shall contain such conditions and restrictions deemed necessary by the Fire
Marshal to protect public health and safety, including but not limited to
compliance with the Columbia County Fire Defense Board Rules for Open
Burning. The holder of such special
permit shall be allowed to build an open outdoor fire under the conditions of
the permit only. Any deviation from the
provisions of the permit shall be a violation of this Ordinance.
(d) Training. Fires set and maintained for fire fighting
training or training fire protection personnel provided all safety precautions
required by the Fire Marshal are met.
(e) Emergency
Fire. When an emergency is declared by
motion of the City Council, the Mayor may suspend the open burning ban and
permit case by case burning subject only to the written or verbal approval of
the Fire Marshal, and in accordance with such conditions and restrictions
deemed necessary by the Fire Marshal to protect public health and safety.
Any open outdoor fire authorized in this Section shall only
be used to burn commercially available fuel, wood, tree limbs, branches,
leaves, trimmings, or any other woody debris.
Section
5. Penalty.
(a) A
violation of Section 3, Paragraph (a) of this Ordinance shall be considered a
"B" Violation punishable by a fine of up to $300.00
(b) A
violation of Section 3, Paragraph (b) of this Ordinance or a second conviction
under Section 3, Paragraph (a) of this Ordinance within 18 months shall be
considered an "A" Violation punishable by a fine of up to $600.00.
(c) A
violation of the limitations on exemptions set forth in Section 4 of this
Ordinance or of any special permit condition granted pursuant to this Ordinance
shall be considered a "B" Violation punishable by a fine of up to
$300.00. A second conviction within 18
months for violation of the limitations set forth in Section 4 or of any
special permit condition shall be an "A" Violation punishable by a
fine of up to $600.00.
(d) In
addition to any fines imposed by the Court, the Court is specifically authorized
to order abatement and restitution, as well as community service, not to exceed
48 hours.
Section 6. Inspection
and Citation.
(a) The
following are listed "Enforcement Officers" and are hereby
specifically authorized by law to make such investigations and inspections as
are necessary to enforce the provisions of this Ordinance, and to issue
violation citations to individuals or entities to appear in the Columbia City
Municipal Court:
1. Any
City Police Officer, City Building Official, Public Works Superintendent, City
Administrator/Recorder, the Fire Chief of Columbia River Fire and Rescue and
his agents, employees, or designees authorized to perform the duties of the
Ordinance, and such other employees of the City of Columbia City as are
specifically identified in an Order or Resolution of the City Council. [ Amended by Ord. No. 08-650-O 9/5/08]
(b) When
it may be necessary to inspect any premises to enforce the provisions of this
Code, any Enforcement Officer having reasonable cause to believe that there
exists, upon a premises, a condition which is contrary to or in violation of
this Ordinance, the Enforcement Officer, in accordance with administrative
policy, may enter at reasonable times to inspect or to perform the duties
imposed by this Ordinance, provided that if such premises be occupied that
credentials be presented to the occupant and entry requested. If such premises be unoccupied, the
Enforcement Officer shall first make a reasonable effort to locate the owner or
other person having charge or control of the premises and request entry. If entry is refused, the Enforcement Officer
shall have recourse to the remedies provided by law to secure entry, including
specifically an administrative search warrant from the Municipal Court.
Section 7. [Severability.]
Section 8. Other
Laws. Nothing in this Ordinance
authorizes or commands or shall be interpreted as authorizing or commanding the
performance of an activity which is in violation of any county, state or federal
law or regulation or of any law or regulations of the Columbia River Fire &
Rescue District.
Passed by the council September 18, 2003 and approved by the
mayor September 19, 2003.