§ 91.015  OPEN BURNING.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AGRICULTURAL BURNING. Outdoor Burning done to remove debris from a farm, nursery, orchard, or livestock/poultry operation that is for profit.
      BACKYARD BURNING. Open burning for the removal of yard debris from the property where the fire is occurring.
      LAND CLEARING. The clearing of land for development or change in use, and includes the removal of large portions of stumps, brush, and tree debris.
      OPEN BURNING. The same as defined by O.A.R. 340-264-0030(29) (2014).
      RECREATIONAL/CEREMONIAL/COOKING FIRES. Fires used primarily for recreational events, campfires used for warming or cooking, or ceremonial purposes by a school, club, religious group, or other approved events.
   (B)   Prohibited. It is unlawful for any person to cause, permit, suffer, or allow open burning within the city limits except as specifically allowed herein:
      (1)   During any open burning season as established by the state’s Department of Environmental Quality (DEQ) and as may be adjusted locally. Burn seasons occur once a year between March 1 and June 15, but may be adjusted daily;
      (2)   Recreational, ceremonial, or cooking fires as defined in division (A) above; and
      (3)   Permitted burns for Fire Department training, agricultural, or land clearing operations, as approved by the Fire Department or other governmental agency.
   (C)   Burn bans. Notwithstanding the exceptions set out in division (B) above, open burning in the city may be further restricted by the county’s or the state’s Fire Marshal during periods of high fire danger or by the Fire Chief or designee for fire or health safety.
   (D)   Location.
      (1)   Open burning shall be conducted at least 25 feet from property lines, structures, and combustible vegetation.
      (2)   An adequate fire break area shall be maintained around the open burning area the width of which shall be at a minimum equal to the height of the open burning pile.
      (3)   All open burning is to be attended at all times by a competent and responsible person who shall be equipped with adequate fire protection tools and equipment at the ready, including at least a garden hose and shovel.
      (4)   At the conclusion of the allowed open burning time, the burned area shall be thoroughly soaked with water to ensure the fire is out.
   (E)   Reimbursement for fire fighting costs. The city’s Fire Department may seek recovery of any and all costs incurred by it for responding to any improper open burning.
(Prior Code, § 5.655)  (Ord. 2014-08, passed 8-11-2014)  Penalty, see § 91.999