5-3-1: AMENDMENT TO FIRE CODE:

Insofar as the provisions of this chapter conflict with the provisions of the uniform fire code, as adopted by section 4-1-1 of this code, the provisions set forth herein shall control. (Ord. 204, 6-4-1996)

5-3-2: DEFINITIONS:

For the purposes of this chapter, the following definitions apply:

   FIRE NUISANCE: Any thing or act, which is annoying, unpleasant, offensive or obnoxious because of fire.

   HEALTH DEPARTMENT: Lewis And Clark County health department.

   OUTDOOR BURNING: Combustion of any material out of doors, with or without a receptacle. "Outdoor burning" does not include:

A. The use of a barbecue fueled by natural gas, propane or wood, or charcoal briquettes for cooking purposes only on private property, or the use of heating devices using refined liquid or gaseous fuel.

B. A noncommercial recreational fire, burning material other than rubbish, measuring less than thirty six inches (36") in diameter and twenty four inches (24") in height that is in and surrounded by a nonflammable structure and for which a suitable source of extinguishing the fire is immediately available in source, proximity, and volume. (Ord. 248, 4-17-2012)

5-3-3: OUTDOOR BURNING RESTRICTED:

   A.   Outdoor burning is unlawful within the East Helena city limits except as specifically authorized below.

   B.   Notwithstanding subsection A of this section, outdoor burning may be allowed within the city limits if:

      1.   A valid permit has been issued by the health department or its authorized agent or the fire has been approved by the city fire department;

      2.   The fire does not cause a fire nuisance as determined by the fire or health department;

      3.   The fire is conducted in accordance with the uniform fire code and the Lewis And Clark County air pollution control program; and

      4.   The fire is for one of the following purposes:

         a.   Eliminating a fire hazard that cannot be abated by any other means; or

         b.   Firefighter training; or

         c.   Thawing frozen ground to allow excavation of utilities. (Ord. 248, 4-17-2012)

5-3-4: PENALTY:

Any person convicted of a violation of any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 204, 6-4-1996; amd. Ord. 248, 4-17-2012)