The burning of substances of any kind within the city is prohibited between May 10 and November 10 of each year, except by special permit issued by the fire chief or the assistant fire chiefs during said period of time each year.
A. In unusually dry years, during any portion of the year, regardless of the dates set forth above, the fire chief, by written order, can extend the burning prohibition period which order shall be submitted for ratification at the next regular city council meeting after the date of the order.
B. Permits for open burning during the regular prohibited periods or special prohibited periods shall be on a form available at the city clerk's office, which form shall be proposed by the fire department and approved by the city council. During periods when permits are required, such permits will always be required for the following possible fires, but not necessarily limited to such list: yard debris, long grasses, tree limbs, dilapidated buildings or parts thereof, wastepaper, or paper boxes.
1. Prior to the issuance of a permit for open burning, if the fire chief or his assistant fire chiefs conclude that the proposed fire could cause extraordinary or unusual smoke or create an unreasonable fire risk to neighboring properties the permit may only be granted when those extraordinary considerations have been solved to the satisfaction of the fire department.
2. If a permit once granted is not used, there must be a written extension of the permit secured from the fire department before the burn ultimately occurs.
C. During the period from November 11 to May 9 of the following year, unless special ordered prohibitions exist, open burning shall be permitted of materials, except for the following specific materials which shall never be burned within the city:
1. Municipal solid waste;
2. Dead animals, animal parts or animal waste of any kind or character, including, but not limited to, feces, feathers, or litter;
3. Motor vehicles, parts, or any materials resulting from a salvage operation;
4. Tires or other rubber materials or products;
5. Plastics;
6. Asphalt or composition roofing or any other asphaltic material or product;
7. Tar, tar paper, waste or heavy petroleum products, or paints;
8. Lumber or timbers treated with preservatives;
9. Insulated wire;
10. Pathogenic wastes;
11. Hazardous wastes.
The items which cannot be burned are generally reprinted in a pamphlet available through the fire department or through city hall.
D. All open fires shall at all times be properly attended and dependent on fire size there must be potential fire suppression available at the scene of the burn prior to burning. (Fire suppression can include, for example, shovels, operational garden hoses, fire extinguishers, and/or heavy equipment.)
E. The unrestricted forms of open burning shall include barbecues, ceremonial fires, campfires, and fireplaces. Additionally, open outdoor fires for the purpose of weed abatement such as along fence lines, canal banks, and ditch banks is an allowable form of open burning if the burning occurs between November 11 and May 9 of the following year, provided there are no unusual special fire prohibition rules then existing.
F. Burning barrels for the burning of municipal solid waste shall always be prohibited within the city because of the odors created.
G. Any violation of this section shall be a misdemeanor and shall be punished in accordance with the existing provisions of Idaho state law concerning punishment for misdemeanors occurring at the time of the violation.
H. Nothing in this section shall allow any burning which is otherwise prohibited by state law or regulation. (Ord. 839, 5-5-2008)