323 Open Burning
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O.RPINANCE NO. 323
AN ORDINANCE PROIUBITING THE opm BURNING OF ANY OUTDOOR FIRE IN THE CITY
OF MERIDIAN, ADA COUNTY, IDAHO.
BE IT ORDAINED BY THE MAYOR AND CITY CO.UNCIL OF THE CITY OF MERIDIAN,
ADA COUNTY, IDAHO:
Section 1. SHORT TITLE - The short title of this ordinance shall be
known as the City of Meridian Burning Ordinance.
Section 2. PURPOSE - The purpose and-intent of this ordinance is to
eliminate all forms of open burning except those for whiCh alternative
means _of producing a similar public benefit do not exist. Open burning is
sought to be eliminated 80 that air qualit~ and fire safety goals can b.
achieved.
Section 3. DEFINITIONS-
3.1 Agricultural Burniag: tiThe open burning of plant life grown
on the premises in the course of any agricultural, forestry or land clear-
iDg operation when it can be shown that such bun.ing ianecessary and that
no fire hazard will occur. Convenience of disposal is not of itself a
valid necessity for burning._" Rules and Re ations of the Control of Air
Pollution in Idaho by the Department of He th and Welfare, page 2 ,
enacted on October 25, 1972, pursuant to the authority granted by Chapter 1,
Title 39, Idaho COde, and Chapter 52, Title 67, Idaho Code. Agricultural
burning will not be allowed in residential subdivisions -
where the subdivision lots are smaller than 1.5 acres.
3.2 Approved Incinerators: Any source consisting of a furnace and aJ.l
appurtenance. thereto designated for distruction of refuse by burning.
"Open incinerators" shall mean those burning containers which have been
approved and certified by the Idaho Department of Health and Welfare. "Burn
barrels" and similar devices are forms of open burning and are not considered
to be approved incinerators._
3.3 Board: Means the City COUDcil of the Cit~ of Meridian. " ---
3.4 Chief: Means the dul,. appointed Fire Chief for the City 'of Meri4i8D~~'-:..
"Chief" for the purposes of this ordinance may also mean any representa'tive '-. ~ -::
designated by the Chief to fultil1 aDY fUJlctioD UIlder this ordiDance~.'A I". -.-.~- ~_ ~_ ':
3.5 Fire District: Means any duly constituted and operating fire distri;:ct 3
wi thin the boundaries of the Ci t,. of Meridiaa. - :'
3.6 Open Burning: Means the burning of any .matter in. s~~p: ,a iUumef~t~'t
the products of combustion resulting from the burning are emitted dir.ect-l,. "
into the embient air without passing through a stack, duct or chimney. _
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3.7 Odor: Means the sensation resulting from stimulation of the hum811
sense of smell.
3.8 Person: MeCJJl8 8:JJ.y person:,: corporatioD, firm, partnership or any
federal, state or local governmental entity.
3.9 Permit: Means the City of Meridian Burning Permit issued pursuant
to this ordinance.
3.10 Smoke: Means small gas-borne particles resulting from incomplete
combustioD, consisting predominately, but Dot exclusively, of carbon and other
combustible material.
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Section 4. PROHIBITION AGAINST OPEN BURNING - No persoDs shall build,
ignite, or maintain any outdoor fire of any kind or character, or for any -
purposes wbatsoever, subject to Section 5 below.
Section 5. EXCEPTIONS TO opm BURNING PROHIBITION - Not wi thatanding
the provisions of Section 4 above, the following types of fires shall be
allowed.
5.1:::.e following type. of fires may be allowed by permit oZlly:
(a) Agricul tural burning.
(b) Irrigation ditches and fence rows.
(c) Fires used for control or alleviation of fire hazard or for
weed control when DO alternative control method exists.
(d) Fires used in the training of organized fire fighting personnel.
(e) Special fires allowed at the discretion of the Fire Chief where-
in the fire is to be located. Special fires are fires Dot falling into
Section 5.l(a) through (d) above.
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ORDINANCE NO. 323
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5.2 Fires allowed without a permit: Fires used tor the preparatioa
of food and campfires, under control of a responsible person, shall Dot
require a permit hereunder.
Section 6 PERMITS -
6.1 Contents - all permits must contain the following:
(a) Name, address, business and home phone of permittee.
(b) Location of proposed burning.
(c) :~Fire district where proposed burning is to occur.
(d) Conditions under which burning is to be allowed. The Fire
Chief shall develop such oonditions as reaSonably necessary to provide for
safe burning.
(.) Signature of issuing offioer.
(f) Sigaature of permittee.
6.2 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 oan be issued by the local fire chief or his designated-representative.
6.3 Ditch and fence row burn permits: May be issued allowing burning
between February 15 and October 15.
Section 7. PERMIT PROCEDURES WITHIN FIRE DISTRICTS - Permits tor fires
allowed to be burJled only by permit are to be obtained from the fire district
whereiD the fire is to be located. Procedures for issuance of this permit
.hall be established by the City Council.
section 8. APPEALS - Any person denied a burning permit by the lire
Chief m81 appeal that decision in writing to the Meridian City Council. Such
appeal must be lIade within thirty (30) days. The City Co-Uricil shall rule on
said appeal within fifteen (15) days of receipt.
Section 9. PROHIBITION AGAINST CONTAMINANTS - Notwithstanding the pro-
visions of any section of this ordinance, no person sp.+l allow, suffer,
oause or permit the burning of materials which emit toxic contaminants or
large ._.'8S of SIloke, particulates or odors (such materials are garbage,
rubber,plastics, heavy petroleum products, dead animals, etc.).
Sectio. 10. Em'ORCDtDlT AND PENALTIES -
10.1 Enforcem.ent: The Fire Chief, or his duly authorized representa-
tive and any law enforcement officer in Ada Conaty shall have the authority
to enforce the provisions of this ordinance.
10.2 Penalties: Eac~ ~iolatioD. of any regulation'hereunder shall be a
misdemeaaor, and for each day said violation shall continue, shall constitute
a separate offense hereunder. Such viOlation shall be punishable as provided
in Section 18-113 Idaho Code.
Section 11. AM~ENTS - The City Council may upon its 9WD motion or
upon recommelldations of the Fire Chief, make amendments to this ordinance.
Section 12. VALIDITY' AND EFFEX::TlVE DATE -
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12.1 Should any section, subsection, paragraph, sentence Qx<clause '_
hereof ,or any partioular application thereof, be deolared. UJlCon.s~;tution_a::L- ~
or invalid for any reasoD. by a court of competent jurisdiction, such deci~ioll
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shall not affect the validi t;y for remaining provisions of this oN.iaiu1ce. '~ :- ~
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12.2 This ordiaance shall take effect and be ill force ,and ..aUt,ct fr.Gar'. ,::
and after its passage, approval and p~blication asrequired.b'1- law..~'~:
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Passed by the City Council and approved by the Mayor of the-Cit1~of-
Meridian, Ada County, Idaho, this 17th day of April 1978.
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