A. When Lewis and Clark County established fire restrictions pursuant to Montana Code Annotated 7-3-2212, or the State of Montana, Lewis and Clark County, or any other entity with authority to do so have declared Stage 1 or Stage 2 Fire Restriction, the same restrictions apply as if issued by the Commission.
B. The City Manager and Fire Chief each have the authority to create restrictions and prohibitions on burning in order to remain consistent with other jurisdictions when, in their determination, the following conditions apply:
1. Open burning or recreational fires would be inconsistent with a local air pollution control program established pursuant to Montana Code Annotated 75-2-301;
2. There exists an active wildland or structural fire within Lewis and Clark County that poses a potential threat to properties located within the City of Helena; or
3. There exists other conditions which create a danger to persons or property if open burning or recreational fires are allowed.
C. A written finding declaring it necessary to restrict burning shall be maintained by the City Clerk and published in all media outlets and social platforms by the Public Information Officer for the City of Helena.
(Ord. 3303, 11-7-2022)