A. Except for recreational fires, burning of permissible materials may be done outside of a burn barrel, burn cage or incinerator upon compliance with all the following:
1. A permit to engage in such burning, except for a recreational fire, burn barrel, burn cage or incinerator, shall be obtained from the City Clerk or the City Clerk's designee at the City Clerk's Office.
2. All burning shall be constantly attended by a competent person over the age of eighteen (18) until the fire is extinguished.
3. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
4. The location for open burning shall not be less than fifty feet (50') from any structure or combustible object including trees and shrubbery, and provisions shall be made to prevent the fire from spreading within fifty feet (50') of any structure or combustible object.
5. Such burning shall be done at a distance of more than two hundred feet (200') from any wild land or sage brush area.
6. The person to whom the permit is issued shall have the legal right, by ownership, lease or written permission, to conduct the burn at the time and place proposed. It shall not be the responsibility of the City Clerk or any other City employee or agent to verify the accuracy of their presentations and information provided by the person seeking the permit and the person seeking the permit shall be completely and fully responsible for any inaccuracies in the information provided in support of issuance of the permit.
7. The permit holder shall be responsible for following safe practices for the burn, including not starting or continuing the burn during unsafe conditions which shall include, but are not limited to, dry conditions, low humidity, strong winds or other conditions which could reasonably be expected to make burning hazardous to persons or property. It is recommended that burns not be conducted when the wind exceeds or is expected to exceed five (5) mph during the anticipated duration of the fire. This is only a recommendation and is not intended to alleviate the permit holder's obligation and responsibility for following safe burn practices.
8. No burn shall create dense smoke, toxic emissions or odor. No burn shall be conducted at a place or under conditions which are likely to or do result in smoke, toxic emissions, odor or heat entering or damaging neighboring structures. No burn shall be conducted in a place or under conditions which are likely to or do result in a traffic hazard.
9. If hazardous conditions exist in the vicinity of the target area or the burn, including but not limited to, dry or drought conditions causing the vegetation or other fuels outside of the target area to be susceptible to ignition, which could be reasonably expected to permit the burn to spread beyond the target area, the permit holder shall be responsible for eliminating the hazardous conditions by creating borders, perimeters and barriers to prevent the burn from spreading beyond the target area.
10. No burn shall be conducted at night between dusk and dawn.
11. The permit holder shall in all instances notify the dispatcher for the Bannock County Sheriff's Office of the location, expected start time and expected duration of all burns for which a permit is required. (Ord. 2017-5, 2-8-2018)