AN ORDINANCE PROHIBITING THE BURNING OF GARBAGE AND BURNING OMITTING OFFENSIVE ODORS; REGULATING THE BURNING OF RUBBISH; PROVIDING FOR BURNING PREMISES; REPEALING ORDINANCE NO. 508; PROVIDING PENALTIES AND DECLARING AN EMERGENCY.
The City of Pilot Rock ordains as follows:
Section 1. DEFINITIONS. As used in this ordinance:
Garbage. Garbage shall include all rotten and decayed waste, except sewage and body wastes, including waste accumulated from animal food or vegetable matter, and including waste accumulated and that attends the preparation, use, cooking, dealing in or storing of, meat, fish, fowl, fruit, and vegetable matter, and all cans, boxes, cartons, papers or other objects which have food or other organic materials of any nature adhering thereto; and shall include all of such wastes or accumulations of vegetable matter of residences, restaurants, hotels, and places where food is prepared for human consumption.
Rubbish. The term “rubbish” shall mean burnable refuse other than garbage (including, but not limited to, paper, pasteboard, cardboard, or wooden boxes, brush, leaves, weeds, and cuttings from trees, lawns, shrubs, and gardens or other waste material provided in the normal course of everyday living.)
Person. Person shall include any firm, corporation, or industry as well as natural persons.
Fire Season. Fire Season shall mean that period of time from June 15 to September 15 inclusive, unless an extension is granted or an emergency is declared to exist by the City.
Section 2. FIRE SEASON.
No person shall burn rubbish during the fire season at any residence, business, or establishment, unless:
- the residence, business, or establishment has an approved incinerator as herein stipulated in Section 5:
- the area is declared to be an emergency burning need;
- the area is declared to have a nuisance by the City as herein provided in Section 9 of this ordinance.
- outdoor fireplaces as herein stipulated in Section 6;
Section 3. OFFENSIVE ODORS.
No person shall burn garbage or burn any material which causes an offensive odor.
Section 4. CONTAINERS.
A burning container must meet the following minimum requirements:
- A 50-gallon container made of metal in good condition with no more than one-half inch mesh covered metal frame of sufficient weight and density to fit securely on top of the drum. The container may also be made of other fire proof material such as brick, concrete, or stone.
- Said drum or container shall be ventilated in such a manner to allow the rapid combustion of the material to be burned and shall be emptied often enough to allow for rapid combustion to occur.
- Said drum shall be located at least ten (10) feet from any building and at least five (5) feet from any combustible material and shall be within reach of a hose connected to the City Water Supply.
- Section 5 INCINERATORS. A certified incinerator shall be installed to allow burning during the Fire Season during the hours specified herein stated in Section 8. A certified incinerator shall have the following dimensions:
- The incinerator shall have a firebox or charging compartment of not over ten (10) bushels or approximately twelve (12) feet in capacity.
- The incinerator should be constructed to withstand internal temperatures of at least 1200 degrees F. in intermittent operation and to provide resistance to alternate heating and cooling. The design should be such that during a period of at least two (2) years of normal usage the structural parts will not warp, crack, corrode, or otherwise fall in a manner so that doors or covers do not fit tightly or that masonry cracks or other openings are produced through which flying brands or sparks may pass.
- The incinerator shall not be located within fifteen (15) feet of any building or structure and generally should be positioned so that there is not direct exposure to buildings, wood fences, or piled combustible materials in the event of failure of the spark arrestor. The incinerator shall be located so that a nuisance is not created by reason of their smoke.
- The incinerator shall be provided with a chimney extending not less than ten (10) feet above grade and shall be equipped with a spark arrestor.
Section 6. RECREATIONAL BURNING.
Outdoor fires for pleasure, religious, ceremonial or cooking purposes contained within fireplaces, barbeque grills or pits, or other enclosures designed for outdoor recreation or cooking are permitted.
Section 7. CONDITIONS.
All burning will be done with due regard for climatic conditions, especially wind, and that said burning will be done in a careful and prudent manner, and that a source of water supply hooked directly to the City Water Supply shall be within easy reach at the time of burning to the area to be burned.
The burning party further understands that he/she is solely responsible and liable for any and all damages caused by burning upon those premises or the adjoining properties.
Section 8. HOURS FOR BURNING.
The City Council herein establishes the following hours for burning within the City of Pilot Rock; Burning shall be allowed solely between the hours of sunrise to sunset, with the exception of the community burn pile located behind the City Shop and recreational burning. The City Council herein reserves the right to specify the days of the weeks and hours for burning within the City and may alter said hours at any time should the Council deem it necessary. Should the Council alter said hours that burning shall be allowed, the hours shall be posted at City Hall and published one time in a newspaper of general circulation within the City.
Recreational burning will be allowed until 10PM Sundays through Thursdays and Midnight on Fridays and Saturdays.
Section 9. FIRE HAZARDS.
No owner or person in charge of property shall allow a fire hazard to exist upon the property.
Section 10. PENALTIES.
Any person violating any provision of this ordinance upon conviction thereof shall be punished by a fine of not less than $50.00 or more than $250.00 per day that the violation exists.
Section 11. REPEAL.
Ordinance No. 508 is hereby repealed.
Section 12. EMERGENCY.
Because the Pilot Rock City Council deems an emergency to exist , this ordinance shall take effect immediately.
Passed by the Council and approved by the Mayor this day of 2006.