HomeMy WebLinkAboutORD 23350 •
BILL NO. 21
ORDINANCE NO. 2335
AN ORDINANCE TO AMEND CHAPTER 8, OF THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING ARTICLE 17, "OPEN
BURNING RESTRICTIONS" IN ORDER TO PROVIDE CONTROLS ON OPEN BURNING
WITHIN THE CITY OF CALDWELL. SPECIFICALLY REPEALING CHAPTER 7, ARTICLE 5
AND ALL OTHER ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN
CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. That Article 5, of Chapter 7, Burning or Dumping of Rubbish and other materials be
deleted.
Section 2. That the Caldwell Municipal Code shall be amended by adding Article 17 to Chapter 8 as
follows:
ARTICLE 17
OPEN - BURNING OR DUMPING OF RUBBISH AND OTHER MATERIALS
08- 17 -01: BURNING, DUMPING REGULATED: No person shall burn, incinerate, bury, dump,
collect, remove or in any manner dispose of rubbish or garbage except as hereinafter
provided:
(1) Incinerators:
A. Any person may use an incinerator (as defined by the Department of
Environmental Quality in IDAPA 16.01.01) in the interior of a building or on
the exterior of a building provided such incinerator meets the requirements
of the building and fire Codes, Planning and Zoning requirements and meets
the approval of Idaho Department of Environmental Quality on emissions.
The hours of operation of such incinerator shall be between seven o'clock
(7:00) A.M. and seven o'clock (7:00) P. M.
B. Nothing herein contained shall be construed to prohibit the use of outdoor
fireplaces, barbecue pits or grills in preparing food or for recreational
purposes, except as listed hereafter.
C. No person shall throw, discard or deposit any rubbish, garbage or refuse in or
upon any street, alley, sidewalk or vacant ground or in or upon any canal,
irrigation ditch, drainage ditch or other watercourse. (Ord. 1382, 5 -4 -76;
1994 Code)
08- 17 -03: OPEN BURNING: No person shall build, ignite, or maintain any outdoor fire of any kind
or character, or for any purpose whatsoever, except as provided herein. The following types
of fires are allowable and shall not require a permit.
(1) Fires used by organized fire fighting personnel for the purpose of combating fire or
training.
(2) Barbecues or other fires used in the preparation of food.
0 9
(3) Campfires, or fires used for recreational or ceremonial purposes. Fire extinguishing
equipment, such as a water hose connected to a water supply, shall be readily
available.
(4) Fires listed in (2) and (3) above that exceed 3 feet in diameter and 2 feet high will
require a permit from the Caldwell Fire Department and may require an inspection
prior to issuance of said permit. Such fires must be constantly attended by a
competent adult until such fire is completely extinguished. Such fires must not
create a hazard or nuisance.
08 -17 -05 SPECIFICALLY PROHIBITED TYPES OF OPEN BURNING: No person shall allow,
suffer, cause, or permit burning of any of the following types of materials at any time:
(1) - Household solid waste or garbage;
(2) Leaves, grass clippings;
(3) Junked motor vehicles or any material resulting from a salvage operations;
(4) Tires or other rubber materials or products;
(5) Plastics;
(6) Asphalt, tarpaper, waste, or heavy petroleum products;
(7) Existing structures;
(8) Lumber or timbers treated with preservatives;
(9) Other construction materials such as sheet rock, flooring, insulation;
(10) Dead animals or parts thereof, except upon the order of a public health officer to
dispose of diseased animals;
(11) Paint, solvent,or other chemicals including motor oils, diesel, gasoline etc.;
(12) Trade waste;
(13) Insulated wire;
(14) Pathogenic wastes or infectious wastes, except under order of a public health officer
to dispose of diseased animals;
(15) Hazardous waste, except when burned under order of a public or military fire chief
to dispose of materials (including military ordinance) which present a danger to life,
valuable property, or the public welfare, or for the purpose of the prevention of a
fire hazard when no practical alternative method of disposal or removal is available;
(16) Any type of materials that emit large volumes of smoke, particulates, or odors,
including wet materials;
(17) Any other material that would otherwise be allowed under this Ordinance, but is
determined to be a nuisance, hazard, or source of air pollution;
0 0
(18) Notwithstanding the provisions of any section of this Ordinance, any material which
violates and air pollution alert; and
(19) Notwithstanding the provisions of any section of this chapter, any material that is
restricted as specified in IDAPA rules for the control of air pollution 16.01.01.
08- 17 -07: TYPES OF FIRES BY PERMIT ONLY: The following types of fires shall only be
allowed if a permit is obtained from the Caldwell Fire Department.
(1) Fires used for the purpose of weed abatement along non - combustible fence lines,
canal banks, and ditch banks, or for control or alleviation of fire hazards when no
reasonable alternative control method exists.
(2) Special burning permits, for circumstances not otherwise addressed in this
ordinance, may be issued by the Caldwell Fire Department if the Fire Chief
determines that such open burning does not constitute a nuisance, hazard, or source
of air pollution and is not restricted as specified in the Rules for the Control of Air
Pollution in Idaho ( IDAPA) 16.01.01.
08- 17 -09: CONDITIONS OF PERMIT: The following conditions shall apply to all permits issued
by the Caldwell Fire Department.
(1) "All open burning is prohibited and permits are invalid, on days when the Air
Quality Index, as reported by the Department of Environmental Quality, reaches 60
or higher for any air pollutant within the Treasure Valley. Permittees are
responsible for determining the Air Quality Index prior to igniting any fires by
contacting the Department of Environmental Quality. Open burning is also
prohibited in the event of adverse weather conditions or the prediction of adverse
weather conditions as determined by the Fire Chief. Adverse weather conditions
includes winds in excess of 10 mph and/or the approach of thunderstorms in the area
or when open burning is declared to be banned by the Fire Chief due to extremes in
weather and environmental conditions. If the permit holder is unsure if it is safe,
they shall call the Caldwell Fire Dept. and the Fire Dept. will inform them if such
conditions exist or not.
(2) Only one fire in a single location may be burned at any one time on a single permit.
(3) No open burning is permitted within twenty -five (25) feet of any structure or
combustible material.
(4) When in accordance with all other provisions of this Ordinance, open burning shall
only be allowed during the hours of 8:00 a.m. and 7:00 p.m.
(5) The size of any piles for burning shall be limited to three (3) feet in diameter and
two (2) feet in height.
(6) All open fires shall be constantly attended by a competent adult until such fire is
completely extinguished. Fire extinguishing equipment shall be readily available for
use. A hose with water is the preferred fire extinguishing equipment, if not
available, appropriate fire extinguishers, shovels, rakes, hoes or other appropriate
tools may be used.
(7) Permits shall be obtained through the Caldwell Fire Department. All permits shall
71
;I
OIL.
44 ,
Mi�Om�O 0
Ij
JJJ
t t