1. The open burning of refuse and other combustible material may be conducted as specified in the section set forth below if no public nuisance is or will be created and if the burning is not prohibited by, and is conducted in compliance with, other applicable laws and the ordinances, rules, and orders of governmental entities having jurisdiction, including air pollution control ordinances, rules, and orders. Open burning and recreational fires shall be prohibited during red flag warnings, burn bans, or during any time that state, local, or federal government prohibits such activities.
2. The authority to conduct open burning under the provisions of this section does not exempt or excuse a person from the consequences, damages, or injuries which may result from such conduct nor does it excuse or exempt any person from complying with all applicable laws, ordinances, rules, and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this section.
3. Commercial/open burns are permissible with a permit under the following criteria:
a. Fires purposely set for the instruction and training of public and industrial fire- fighting personnel when authorized by the appropriate governmental entity.
b. Fires set for the elimination of a fire hazard which cannot be abated by any other means when authorized by the appropriate governmental entity.
c. Fires set for the removal of dangerous or hazardous material where there is no other practical or lawful method of disposal upon approval of the Director of Air Quality Division.
d. The burning of trees, brush, grass, leaves, and other vegetal matter in the clearing of land, development properties, right-of-way maintenance operations, and agricultural crop burning if the following conditions are met:
(1) Brush piles are not to exceed ten feet tall by ten feet in diameter;
(2) Prevailing winds at the time of the burning must be away from any city or town, the ambient air of which may be affected by air contaminants from the burning;
(3) The location of the open burn must not be adjacent (500 feet upwind) to an occupied residence other than those located on the property on which the burning is conducted;
(4) Care must be used to minimize the amount of dirt on the material being burned;
(5) Oils, rubber, construction materials, and other similar materials which produce unreasonable amounts of air contaminants may not be burned;
(6) The initial burning may begin only between three hours after sunrise and three hours before sunset and additional fuel may not be intentionally added to the fire at times outside the limits stated above; and,
(7) The burning must be controlled so that a traffic hazard is not created as a result of the air contaminants being emitted.
(8) The permit holder is responsible for the cleaning of the burn site and is required to return the burn site back to a natural state.
4. Nothing in this section is intended to prohibit the operation of outdoor grills or fireplaces for outdoor cooking.
5. Recreational fires (campfires) are permissible without a permit as long as they do not exceed 36 inches in diameter and are equipped with a solid or mesh fire resistant cover.
6. The Fire Chief (or his designee) or the Building Official (or his designee) will perform a site inspection prior to approving and issuing a permit. A permitting and inspection fee of $50 will be collected prior to the issuing of the permit.
7. The Fire Chief and/or Building Official have the authority to revoke any burning permit at any given time without notice due to safety concerns, weather related issues, or any other issues that they see fit.
8. The Fire Chief (or his designee) or the Building Official (or his designee) of the City of Cache have the authority to enforce the provisions of the section.
(Ord. 2024-09, passed 7-9-2024)