04-1083 City Code Open Burning Amend Ord
CITY OF MERIDIAN
ORDINANCE NO. 04- I ¿J ø '3
By:C~/'(~~
AN ORDINANCE AMENDING THE FOLLOWING SECTIONS, SECTION 4
PROHIBITION AGAINST OPEN BURNING AND SECTION 6 PERMITS TO
CHAPTER 2 TITLE 5 OPEN BURNING, AND TO SECTION 4 DEFINITIONS,
SECTION 5 AIR QUALITY DESIGNATIONS AND ALERT CRITERIA, AND SECTION
12 PENALTY OF CHAPTER 3 TITLE 5; TO PROVIDE FOR SUBSECTIONS A. AND B.
WITHIN SECTION 4 AND TO PROVIDE FOR ADDITIONAL LANGUAGE WITHIN
SECTION 6 CHAPTER 2 TITLE 5; AND TO PROVIDE FOR DEFINITIONS FOR AIR
QUALITY INDEx, OPERATOR, AND PERMIT HOLDER, AND TO ELIMINATE
LANGUAGE WITHIN SECTION 4, IN SECTION 5 TO PROVIDE FOR THE
ADDITION AND ELIMINATION OF LANGUAGE WITHIN SUBSECTION A, TO
DELETE THE EXISTING SUBSECTION B. AND TO ADD A NEW SUBSECTION B.
AND C., AND IN SECTION 12 TO PROVIDE FOR THE ADDITION OF
ENFORCEMENT IN THE TITLE OF THE SECTION AND TO ELIMINATE AND ADD
LANGUAGE IN SUBSECTION A., AND TO PROVIDE FOR NEW SUBSECTIONS B,
AND C. TO CHAPTER 3 TITLE 5 FOR THE CITY OF MERIDIAN, IDAHO;
PROVIDING FOR CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 4 Chapter 2 Title 5 Prohibition Against Open Burning ofthe
Meridian City Code, be, and the same is hereby amended and shall now read as follows:
5-2-4: PROHIBITION AGAINST OPEN BURNING:
Except as allowed under Section 5-2-5 of this Code:
A. No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for
any purposes whatsoever., saajeet te SeetieR ti2 eftIHs Clia¡3ter.
Page 1 o£1
C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLK188\Open Burning.doc
B. No burning permit holder shall build, ignite, or maintain anv outdoor fire of anv kind or
character. or for anv pumoses whatsoever, during an air Qualitv alert issued per the MERIDIAN
CLEAN AIR ORDINANCE. subiect to Section 5-2-5 of this Chapter.
SECTION 2: That Section 6 Chapter 2 Title 5 Permits of the Meridian City Code, be, and the
same is hereby amended and shall now read as follows:
5-2-6: PERMITS:
A. Contents: All permits must contain the following:
1. Name, address, business and home phone of permittee.
2. Location of proposed burning.
3. Fire district where proposed burning is to occur.
4. Conditions under which burning is to be allowed. The Fire Chief shall develop such
conditions as reasonably necessary to provide for safe burning. Provided, however, that no
burning shall be allowed during an air pollution alert as defined in Section 5-3-5 of this
Code.
5. Signature of issuing officer.
6. Signature of permittee.
B. Agricultural Burning Permits: Agricultural burning permits may be issued for the following
periods of time: February 15 to May 31 or July 15 to October 15. A permit issued for one
time period is not valid for the other time period; however, a permit may be issued covering
both periods. Permits for either or both burning periods can be issued by the local Fire Chief
or his designated representative.
C. Ditch And Fence Row Burn Permits: Ditch and fence row burn permits may be issued
allowing burning between February 15 and October 15.
SECTION 3: That Section 4 Chapter 3 Title 5 Definitions of the Meridian City Code, be, and
the same is hereby amended and shall now read as follows:
5-3-4: DEFINITIONS:
For the purpose ofthis Chapter, the following terms, phrases, words, and derivations all have the
meanings given herein. The word "shall" is always mandatory and not merely directory:
Page 2 of7
C:IDocuments and SettingslgreentlÙJcal SettingslTernponuy Internet FileslOLKl8810pen Burning.doc
AIR POLLUTION: The presence in the outdoor atmosphere of any contaminant, or
combinations thereof, in such quantity or of such nature and duration and under such conditions
as would be injurious to human health or welfare, to plant or animal life, or to property, or to
interfere unreasonably with the enjoyment of life or property.
AIR OUALITY INDEX (AOI): A svstem used bv the Idaho Department of Environmental
Oualitv (DEQ) to report. dailv air pollution levels to the public. Monitored air pollution levels
are converted to a uniform scale ranging ITom 0 to 500 with the pollutant that has the highest
ambient concentration measured in a given area determining the AOI.
BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or
privately owned or any other "structure" as defined by the Uniform Building Code as adopted in
Title 10, Chapter 1 of this Code.
BURN DOWN: That period oftime following an air pollution alert required for the cessation of
combustion within solid fuel heating appliances or any outdoor fires or burning or incineration
included within this Chapter.
CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean
burning by either the GregeR Idaho Department of Environmental Quality or the United States
Environmental Protection Agency and has been placed on the list of approved clean burning
appliances maintained by the City Clerk.
ECONOMIC HARDSHIP: Fifty percent (50%) or less of Ada County's median income as
established by the U.S. Department of Housing and Urban Development.
FIREPLACE: A residential solid fuel burning device with an air-to-fuel ratio of greater than
thirty (30) which is a permanent structural feature of a building. A fireplace is made up of a
concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry
or other building materials. A residential solid fuel burning device which is ITeestanding or
which is installed into an existing "fireplace" opening is not included in the definition of
"fireplace" .
HEAT OUTPUT: The British thermal unit (Btu)/hour output of a solid fuel heating appliance
measured under the testing criteria as adopted by the Ada County Development Services
Department.
OPEN BURNING: The combustion of any material not contained in a heating appliance or
incinerator.
OPERATOR: Anv person owning solid fuel burning equipment. or who is responsible for
placing fuel into a solid fuel burning device, fireplace, or incinerator.
Page 3 of?
C;\Documents and SettingslgreentlL<>cal SettingslTemporary Internet FileslOLKIBBIOpen Burning.doc
P ARTICULATE MATTER: Any gas-borne particles resulting ITom various air pollution
sources. ÏfteeFRf1lete 6emèBotie!l, eeRsiotin-g predeffiÎRantly, 'eut Ret e¡¡eæsi"iely, ef ear13eR IIf!à
ether eemèastible matter.
PERMIT HOLDER: Anv person issued a Citv of Meridian burning permit.
PERSON: Any individual, firm, partnership, association, corporation, company, organization or
governmental entity.
REFUSE: All solid waste, garbage, and rubbish, including but not limited to cardboard, plastic,
rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or chemically
treated wood.
REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse.
Natural gas-fired pathological incinerators are excluded.
SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat
in a building for the purpose of space heating. No solid fuel heating device( s) shall be the sole
source of heat if the building is equipped with a permanently installed furnace or heating system
designed to heat the building that is connected or unconnected ITom its energy source, utilizing
oil, natural gas, electricity or propane.
SOLID FUEL: Any form of untreated wood or coal.
SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion
that meets all of the following criteria:
A. An air-to-fuel averaging less than thirty five to one (35:1);
B. Firebox volume less than twenty (20) cubic feet;
C. Minimum bum rate less than five (5) kilograms per hour; and
D. Maximum weight ofless than eight hundred (800) kilograms.
Explicitly excluded are furnaces, boilers, cook stoves, and open fireplaces.
SECTION 4: That Section 5 Chapter 3 Title 5 Air Quality Designations and Alert Criteria of
the Meridian City Code, be, and the same is hereby amended and shall now read as follows:
5-3-5: AIR QUALITY DESIGNATIONS AND ALERT CRITERIA:
Page 4 of7
CIDocuments and SettingslgreentlLocal SettingslTemporal)' Internet FileslOLKI8810pen Burning.doc
A. Determination: +he Air quality within the Citv ofMeridian!&iåf shall be determined by
referencing dailv area-wide pollutant levels, known as the area's air Qualitv index. reported
bv the Idaho Department of Environmental Ouality. meFliteriFig pellataHt levels iR IiFld/or
aFeBRd the City ..."ith e'¥lipmeRt and metfieds appreved 'ey the Idaho State DivisieR of
BRvironmefttal Qaality.
B. DeoigHatiel1s: The E tiality ef .A.da CeHHty's air shall 'ee desigHated aeeordiRg to the foll6'Niag
taMe, w.fl.ere "PM 1 9n iRdieates partiealate matter with an aer.ød)'flalflie diaFFIeter less thtrn or
e'¥lal te tBR (10) Hli6feRs:
Health Bffeet DesigHatieR PM 19 Col16eRli'atieRs 21 hear (aefm3)
Geeè
Medi!Fa-te
Unhealthful
g........w
~
Very ucltealthfuJ.
Hazaffieus
151 359
351 129
~
B. G-. Air Pollution Alert: In order to prevent the existence of, or reduce the duration of. air
quality that is unhealthful, an air pollution "alert" will be t!eelared in effect whenever the
State DivisieR Idaho Department of Environment Quality's air Qualitv index reaches seventy-
four (74) or higher for anv pollutant within Canyon Countv. Ada County, or Elmore Countv.
Idaho measarøs le,..els efPM 10 eeReeHtFatiefts e¡¡eeediRg eRe hBfldred (190) mi6fegrams f!er
eaàie meter (Helm3) and æreeasts air stagnation conditions are forecasted to continue
eoRtiRBiRg for at least twenty four (24) hours.
C. Permit Holder and Operator Responsibilities: It is the responsibilitv ofbuming permit
holders and operators of solid fuel heating appliances, fireplaces. or refuse incinerators. to
monitor and be aware of the air Qualitv index and air stagnation forecasts and to reITain ITom
burning during an air pollution alert. Permit holders and operators may obtain the area's dailv
air Qualitv index and air stagnation forecast bv contacting the Idaho Department of
Environmental Oualitv.
SECTION 5: That Section 12 Chapter 3 Title 5 Penalty ofthe Meridian City Code, be, and the
same is hereby amended and shall now read as follows:
5-3"12: ENFORCEMENT AND PENALTY:
A. f. vielatieR ef an)' efthe provisieFis efthis Chapter er the failare er emissioR te perfoFIR IiFlY
dcuty iffifJosed 'ey the pFO'iÌsieRs efthis Cha¡¡ter is hereBy dedared BRlawful and panisha'ele
Page 5 of7
C:lDocwnents and SettingslgreentlLocal Settings\Temporary Internet Files\OLKI88\Open Burning.doc
as a misdeæellf!er. Enforcement: The Citv of Meridian's Fire Chief. Fire Marshal or his dulv
authorized representative and anv law enforcement officer in the Citv of Meridian shall have
the authoritv to enforce the provisions of this Chapter.
B. Penalties: Each violation of anv regulation hereunder or the provisions of anv permit issued
pursuant hereto shall be a misdemeanor and for each dav said violation shall continue, shall
constitute a separate offense hereunder.
C. Punishment: Such violation is uunishable bv imprisonment in a Countv jail not exceeding
six (6) months, or by a fine not exceeding three hundred dollars ($300.00) or both.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 7: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it would
have passed all other portions of this Ordinance independent of the elimination hereITom of any
portion as may be declared invalid.
SECTION 8: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding
commenced or right accrued before this Ordinance takes effect.
SECTION 9: DATE OF EFFECT: This ordinance shall be in full force and effect after its
passage, approval and publication, according to law.
P 4~SEp BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
~dayof J~ ,2004.
APPRO~ BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2Z""¿
day of d~ ,2004.
ATTEST:
C:\Documents and SettingslgreentlLocal SettingslTemporary Internet FileslOLKl8810pen Burning.doc
An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk
First Reading: 6-t4--o4-
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES~ NO-
Second Reading:
Third Reading:
STATE OF IDAHO,)
: ss.
County of Ada.
On this ~ day of <; Ju 11.e. , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
.", """""'"
..., c.ß L. 8.., "'.«
~.- z::~ """ '/» ~
f .:.¥. "'.,1- #\
:: ~OTAlt}. ~
~ * ; -.- \ * ~
. ¡ ~.
'\ \ '"UB\..\ i
~.<1". 0;
.. ».1 """'" ot.'f. ..'
"'.../Ii 01' \~ ,....,
,.,.,......",
Page 7 of 7
C:\Docwnents and SettingslgreentlLocal SettingslTernporary Internet FileslOLKl8810pen Burning.doc