HomeMy WebLinkAboutOrdinance 009 - Open BurningDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -190)
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 13, 2009
Please see directions for completing this document on the next page.
DATE: May 4, 2009
FROM: Joe Stutler Forestry 322 -7117
TITLE OF AGENDA ITEM:
Consideration of first and second reading by title only and approval of Ordinance No. 2009 -009,
revising County Code Chapter 8.20 (Open Burning) on unprotected lands in Deschutes County, anti
declaring an emergency
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In Deschutes County there are approximately 175,000 acres of unprotected lands. Simply stated these
lands have no organized structural or wildland response, the lands are not within a designated fire
district and in all cases are immediately adjacent to other jurisdictions. These lands generally are
covered by law enforcement and ambulance service districts. These lands are generally north and vest
of Redmond, west of Bend between Bend and Sisters, all of Alfalfa and lands in eastern Deschutes
County and includes the communities of Millican, Brothers and Hampton. There are approximate] y
350 homes located within the unprotected lands. The existing Deschutes County Code 8.20 restric Cs
open burning from July 1St thru November 1St of each year. The July 1St date is at least a month toc late
for open burning and not consistent with the fire districts' and municipalities' regulations throughout the
County. The existing Deschutes County Code 8.20 does not require contact with any fire district
jurisdiction to determine burn day status. The revised Deschutes County Code 8.20 restricts open
burning from June 1St (instead of July 1St) through November 1St . The revised 8.20 requires proper ty
owners to contact the closest fire district to determine bum day status. The revised 8.20 aligns ope n
burning regulations with all fire districts and municipalities in Deschutes County. The Deschutes
County Fire Defense Board coordinates open and closed burning between districts in spring before the
fire season and again in the fall to minimize confusion by the public for open burning season.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Approval of first and second reading by title only of Ordinance No. 2009 -009, revising County Cc 3e
Chapter 8.20 (Open Burning) on unprotected lands in Deschutes County, and declaring an emerge icy
ATTENDANCE: Joe Stutler
DISTRIBUTION OF DOCUMENTS:
Joe Stutler
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
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 distritits,
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, ORDMNS
as follows:
Section 1. AMENDMENT. DCC 8.20 is amended to read as described in Exhibit "1," attached he •eto
and by this reference incorporated herein, with new language underlined and language to be delete( in
strikethfeugli.
Section 5. 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 pass; ige.
Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1St Reading: day of , 2009.
Date of 2 °a Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date: day of , 2009.
PAGE 1 OF 1 - 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 1st through November 1st of each year
( "burn restricted season ") unless weather conditions require prohibition of burning prior to June 1, or
allow resumption of burning prior to November], 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 nc
satisfactory alternative to burning is available;
B. Appropriate fire- control measures are provided by the permittee as specified by the burning permit tc
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 1 (04/20031