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4-1-2: OPEN BURNING 1 :
A. Title: This section may be referred to as the KOOTENAI COUNTY WILDFIRE PREVENTION ORDINANCE.
B. Authority And Jurisdiction: This section is adopted pursuant to the powers granted by Idaho constitution article 12, section 2 and the statutes of the state of Idaho, including, but not limited to, Idaho Code 31-714. This chapter shall apply in the unincorporated area of Kootenai County, Idaho.
C. Findings And Purpose:
1. The board of county commissioners hereby finds that an emergency exists because of the current extremely high potential for catastrophic fire in Kootenai County. Additionally, the board finds that the danger of catastrophic fire in the county is likely to be extremely high in the future. Therefore, the board finds that enactment of this section is necessary for the safety, the promotion of the health and prosperity and the improvement of the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of public and private property situated within the county.
2. This section is intended to provide a means for the enforcement of prohibitions and restrictions on burning adopted by federal and state agencies that administer public lands located within the county, or by any fire protection district or other governmental entity having jurisdiction located entirely or partially within the county.
BURNING: Building, maintaining, attending or using a fire or campfire or any other act which results in the combustion of any material.
FIREPLACE AREA: A portion of an approved campground or other authorized facility which is constructed of concrete or metal and which is officially designated by the government entity having jurisdiction as the authorized location for having fires at the facility.
UNAUTHORIZED BURNING: Any burning that is not authorized or permitted by a federal or state agency, fire protection district or other governmental entity having jurisdiction.
1. No person shall engage in "unauthorized burning", as defined in subsection D of this section, nor shall any person permit, cause or allow any unauthorized burning.
2. No person shall permit, cause or allow any burning in a fireplace area when the government entity having jurisdiction has prohibited burning in such areas.
3. No person shall violate the terms of any order pertaining to burning, fires or related activities that has been duly issued by a federal or state agency, fire protection district or other governmental entity having jurisdiction in accordance with applicable federal or state laws or regulations and is then in full force and effect. (Ord. 317, 8-1-2003)
F. Penalties: Any person who violates this section shall be guilty of a misdemeanor and be punished as provided in the general penalty in section 1-4-1 of this code. (Ord. 317, 8-1-2003; amd. 2004 Code)
2. See also section 6-2-9 of this code.