Burning Ordinance

 

An Ordinance to prohibit burning within the City of Caspian, and to establish penalties for violation.

Burning Prohibited:
- Burning within the City of Caspian is prohibited, except as permitted herein.

Permitted Burning:
- Under the terms hereof burning is permitted as follows:

Structure heating fires within an approved furnace, stove, fireplace and/or similar device located within the structure to be heated, using approved fuels such as natural and propane gas, oil, clean wood, and processed alternative fuels, e.g. wood pellets, subject to the terms hereof.

Recreational fires within a confining unit of noncombustible material not exceeding 3’ in diameter, including a dirt pit encircled by at least 6" of noncombustible material: subject to terms hereof, and provided:

a. Fire is attended continually until ashes are cold.

b. Only clean, dry firewood is burned.

Cooking fires for cooking or smoking food within a confining unit of noncombustible material not exceeding 3" in diameter, subject to the terms hereof and provided only approved gases and/or charcoal and/or clean dry firewood are burned.

Fires started by an appropriate public official, (e.g. Fire Chief, City Manager) within the scope of their official duty, for a public service that cannot be reasonably managed by an alternate method.

Allowed outdoor wood burners, as provided by City Ordinance #68.

Permitted Burning Hereunder Is Prohibited:

Within 15’ of the property of another including public property.

When burning will endanger persons or property.

Emissions of smoke, smell, fumes, soot, ash, and the like will or are likely to endanger, irritate, annoy, and/or constitute a nuisance to persons or property.

Burning which causes smoke and/or smells and/or fumes and/or soot, and/or ash, over and/or on the property of another, including public property.

Violation Penalty:

A person who violates this Ordinance is responsible for a Municipal Civil Infraction, subject to a Civil fine of $100.00 per violation. Each day of violation shall constitute a separate offense.

Violators will be responsible for reimbursement/restitution for damage caused by notation, including enforcement cost of the City.

Repeat offenses shall be subject to double fines.

Effective Date:

This Ordinance is necessary to protect the health, welfare, and safety of the people of the City of Caspian and therefore, this Ordinance shall become effective upon publication.