2009-1219-Ordinance No. 2009-009 Recorded 5/20/2009REVIE NANCY UBLANKENSHIP,F DS
COUNTY CLERK Y4 COMMISSIONERS' JOURNAL 05 20/2009 03;12;43 PM
LEGAL COUNSEL IIIIII III III
I I III I IIIIIIII
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 8.20, Open
Burning, and Declaring an Emergency. * ORDINANCE NO. 2009-009
WHEREAS, the existing Deschutes County Code 8.20 made it legal to conduct open burning on
unprotected lands within the County long after the normal declared fire season opening with no provisions for
contacting the appropriate fire districts or municipalities to ascertain whether fire weather conditions permitted
open burning ; and
WHEREAS, with the revisions in Exhibit 1 the new provisions will be consistent with the fire districts,
municipalities, federal and state agencies to regulate open burning in the unprotected lands within Deschutes
County; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 8.20 is amended to read as described in Exhibit "1," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
stfilethr-etigh.
Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this ~'of , 2009 BOARD OF COUNTY COMMISSIONERS
OFJ)ES.CHUTES COUNTY, OREGON
T
DENNIS R. LUKE, Vice Chair
ATTES
Recording Secretary
+L ALAN UNGER, ommissioner
Date of 1st Reading:
C day of '2009.
Date of 2°d Reading:
/ day of , 2009.
Record of Adoption Vote
Commissioner
Yes No Abstained Excused
Tammy Baney
✓
Dennis R. Luke
Alan Unger
Effective date: 1 ~ day of Y V 52009.
PAGE I OF I - ORDINANCE NO. 2009-009 (6/1/09)
Chapter 8.20. OPEN BURNING
8.20.010. Open Burning Prohibited-When.
8.20.020. Burning Permits-Conditions.
8.20.030. Violation-Penalty.
8.20.010. Open Burning Prohibited-When.
A. No person, outside the boundaries of a rural fire protection district or a forest protection district, shall
cause or permit to be initiated or maintained on his own property, or cause to be initiated or maintained
on the property of another any open burning of commercial waste, demolition material, domestic waste,
industrial waste, land clearing debris or field burning from June I st through November 1 st of each year
("burn restricted season") unless weather conditions require prohibition of burning prior to June 1, or
allow resumption of burning prior to Novemberl, as determined by the County Fire Defense Board.
B. During the burn restricted season the County Fire Defense Board or the Board of a Rural Fire District
may authorize open burning, provided persons whose property lies outside the boundaries of either a
rural fire protection district or a city contact in advance the nearest Rural Fire District 24-hour burn
notification phone number and verify whether open burning is allowed on a particular day, that the
person complies with the limitations of such allowed burning and possesses a copy of the current open
burning requirements issued by the County Fire Defense Board or Rural Fire District.
(Ord. 88-013 §1, 1988; Ord. 84-027 §1, 1984; Ord. 84-009 §1, 1984)
8.20.020. Burning Permits-Conditions.
Notwithstanding DCC 8.20.010, burning permits may be issued by the Board of County Commissioners, or
its designee or designees, if all three of the following conditions are met:
A. Evidence is presented that the material must be disposed of prior to November 1st, and that no
satisfactory alternative to burning is available;
B. Appropriate fire-control measures are provided by the permittee as specified by the burning permit to
prevent unwanted spread of the fire;
C. The appropriate permit is obtained from the State Department of Environmental Quality, if under their
jurisdiction.
(Ord. 84.027 §2, 1984; Ord. 84.009 §2, 1984)
8.20.030. Violation-Penalty.
Violation of DCC 8.20 is a Class A violation.
(Ord. 2003-021 §18, 2003; Ord. 84-027 §3, 1984; Ord. 84-009 §3, 1984)
Chapter 8.20
(04/2003)