5-4-5: RESTRICTIONS ON OPEN BURNING:
   A.   Toxic Or Hazardous Substances: It shall be unlawful to engage in open burning of garbage, trash, refuse, household solid waste, construction or demolition waste, tires, plastics, rubber, toxic or hazardous substances, or other substances as may be prohibited by state or federal law (reference IDAPA 58.01.01).
   B.   Distance To Structure: Open burning shall not be conducted within fifty feet (50') of any structure or combustible material.
   C.   Competent Person In Attendance; Tools, Equipment: A competent person eighteen (18) years of age or older shall constantly attend any open burn until such time that said burn is completely extinguished. This person must have sufficient tools and equipment on hand to extinguish the fire. Such equipment may include, but is not limited to: hoses connected to a functional water supply; shovels; fire extinguishers, or other fire extinguishing equipment suitable to maintain control of the open burn.
   D.   Manner Of Burning: All open burning shall be conducted in such a manner that the burning does not create a hazard to persons or dwellings, or cause excessive smoke or offensive odors. All open burning shall be conducted in a manner such that the combustible materials and fire are contained and controlled to prevent spread of the fire, embers or burning materials.
   E.   Other Premises: No person shall kindle a fire upon the premises of another without the permission of the property owner, or the owner's agent.
   F.   Hauling To Burn Prohibited: Hauling of debris from one property to another to burn is prohibited.
   G.   Yard Waste; Campfires; Burn Barrels: Burning of yard waste is allowed during daylight hours only. Small campfires for cooking food are allowed at night. Recreational fires and bonfires may be allowed at night with approval from the fire district. Burn barrels are allowed after obtaining a copy of "additional instructions" for burn barrel use from the fire district. (Ord. 138, 8-13-2015)
   H.   Authority Of Mayor To Restrict: The mayor, on the advice of the fire chief, shall have the authority to rescind open burning, recreational fires, cooking fires and warming fires immediately if it is determined that atmospheric, weather or hazardous conditions of local circumstances constitute a threat to the public safety or property. (Ord. 138, 8-13-2015; amd. 2017 Code)
   I.   Order To Extinguish: The person responsible for an open burn shall extinguish the open burn completely before leaving the open burn for any reason whatsoever, or upon the order of the fire chief (international fire code section 307), or a law enforcement officer. An order to extinguish an open burn may be based on any of the following reasons:
      1.   Conducting an open burn in violation of this chapter;
      2.   Insufficient or unsuitable personnel present to control the open burn;
      3.   A change from favorable to unfavorable weather or burning conditions;
      4.   Conducting an open burn that is determined to be dangerous or a nuisance. (Ord. 138, 8-13-2015)