§ 22-180. PENALTY FOR BURNING DURING PERIOD OF “EXTREME FIRE DANGER.”
   (A)   It is unlawful for any person to set fire to any forest, grass, range, crop, or other wildlands, or to build a campfire or bonfire, or to burn trash or other material that may cause a forest, grass, range, crop, or other wildlands fire within the municipal city limits after the City Council has passed a resolution declaring a period of extreme fire danger. As used in this section, EXTREME FIRE DANGER means:
      (1)   Severe, extreme, or exceptional drought conditions exist as determined by the National Oceanic and Atmospheric Administration (NOAA) pursuant to its criteria;
      (2)   No more than one-half inch of precipitation is forecast for the next three days; and
      (3)   Either of the following is found to exist:
         (a)   Fire occurrence is significantly greater than normal for the season and/or initial attack on a significant number of wildland fires has been unsuccessful due to extreme fire behavior; or
         (b)   Where data is available, more than 20% of the wildfires in the county have been caused by escaped debris or controlled burning.
   (B)   Any such resolution shall be effective for a period not to exceed 30 days from the date of passage by the City Council, unless the burn ban is removed earlier by the same method by which it was approved. If extreme fire danger conditions persist, subsequent resolutions may be passed by the City Council in the same manner as provided in this subsection (B). The City Council, in the resolution, may grant exceptions to the fire prohibition based on appropriate precautionary measures.
   (C)   Any resolution passed by the City Council under authority of this section shall be effective immediately upon passage of the resolution. Notice of the resolution shall be submitted to the Forestry Division of the state’s Department of Agriculture, Food, and Forestry, all local news media, local law enforcement officials, and the state headquarters of the Department of Public Safety, the state’s Tourism and Recreation Department, and the Department of Wildlife Conservation on the day of passage of the resolution. Evidence of publication or posting as provided in this subsection (C) shall be maintained by the city.
   (D)   The provisions of this section may be enforced by any law enforcement officer of this state.
   (E)   Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be subject to a fine of not more than $500.
   (F)   The selling of fireworks shall not be considered an act in violation of this section.
(Prior Code, § 22-180) (Ord. 2015-051, passed 5-4-2015)