A. Fire Hazard: No person who owns, controls, has custody, or is a tenant on real property, or owns, controls or has custody of the material described herein, shall allow the presence or accumulation of combustible material of such nature and in sufficient quantity that its continued existence constitutes an imminent and substantial danger to life, property, public welfare or to adjacent real or personal property.
B. Open Burning:
1. Attendance: All open burning shall be constantly attended by the person responsible or an expressly authorized agent until extinguished.
2. Responsible Person: Each person who owns, controls, or has custody of the real property on which open burning occurs, including any tenant; or, who owns, controls, or has custody of the material which is burned, shall be considered the person responsible for the open burning. Any person who causes or allows open burning to be initiated or maintained shall also be considered a responsible person.
3. Duty: It shall be the duty of each person responsible to promptly extinguish any burning which is in violation of this chapter or of any permit issued by the county.
4. Efficient Burning: To promote efficient burning and prevent excessive emissions of smoke, each person responsible shall, except where inappropriate to agricultural open burning:
a. Assure that all combustible material is dried to the extent practicable. This action shall include covering the combustible material when practicable to protect the material from deposition from moisture in any form, including precipitation or dew.
b. Loosely stack or windrow the combustible material in such a manner as to eliminate dirt, rocks and other noncombustible material and promote an adequate air supply to the burning pile, and provide the necessary tools and equipment for the purpose.
c. Periodically restack or feed the burning pile and ensure that combustion is essentially completed and smoldering fires are prevented and provide the necessary tools and equipment for the purpose.
5. Nonexemption: Open burning in compliance with this chapter does not exempt any person from any civil or criminal liability for consequences or damages resulting from such burning, nor does it exempt any person from complying with any other applicable law, ordinance, regulation, rule, permit, order or decree of this or any other governmental entity having jurisdiction.
6. Nuisance Prohibited: No person shall cause or allow to be initiated or maintained any open burning which interferes unreasonably with enjoyment of life or property or which creates any of the following:
a. A private nuisance, except as created by agricultural open burning;
b. A public nuisance, except as created by agricultural open burning; or
c. A hazard to public safety. (1989 Code)
7. Prohibited Materials: No person shall cause or allow to be initiated or maintained any open burning of any wet garbage, plastic, asbestos, wire insulation, tires, roofing, industrial waste, automobile part, asphalt, petroleum product, petroleum treated material, rubber product, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking or service of food or of any other material which normally emits dense smoke or noxious odors.
8. Days Restricted: No person shall cause or allow any open burning of any material in any part of the county on any day or at any time when the state fire marshal, DEQ or the county court announces that such open burning is prohibited. (Ord. 183, 10-7-2009)
9. Solid Waste: No person shall cause or allow to be initiated or maintained any open burning at any solid waste disposal site unless authorized by a solid waste permit issued by the state of Oregon.
10. Industrial Waste: Open burning of industrial waste is prohibited, except as allowed by the laws of the state of Oregon.
11. Commercial, Construction, Or Demolition Waste: Open burning of commercial, construction or demolition waste is prohibited within three (3) miles of the city of Ontario. (1989 Code)
12. Domestic Waste: Burning of domestic waste shall take place in a common burn barrel which is used for the sole purpose of domestic waste and is covered by a mesh screen with holes no larger than one-fourth inch (1/4"). Burn barrels must be metal, in good condition and vented. Burn barrels must be placed in open area with no overhanging trees. A circle ten feet (10') in diameter must be cleared of grass and weeds around the barrel (ground cleared to soil or gravel). A barrel must be, at least, fifteen feet (15') from a burnable structure. Burn barrels should not be used for burning yard debris.
13. Yard Debris: Yard debris burn piles and land clearing piles must be at least forty feet (40') from a burnable structure. Piles must be no larger than twelve feet (12') in diameter and twelve feet (12') high. Piles less than four feet (4') in diameter and three feet (3') high, must be twenty five feet (25') from a burnable structure. An accessible water source shall be at the burn pile site. Firebreaks should be constructed around large burn piles.
14. Hours Restricted: All open burning shall be conducted during daylight hours.
15. Notification: Except when burning domestic waste, the person burning shall notify BLM Vale district office prior to burning near BLM ground.
16. Violation: It is a violation of this chapter to conduct any open burning that unreasonably interferes with enjoyment of life or property, creates a public or private nuisance or is a hazard to public safety. (Ord. 183, 10-7-2009)
C. Hazardous Burning Conditions: Open burning should not be attempted when one or more of the following conditions exist: (1989 Code)
1. Temperatures above ninety degrees Fahrenheit (90°F). (Ord. 199, 4-3-2013)
2. Wind velocity above twenty (20) miles per hour.
3. Humidity below twenty percent (20%). (1989 Code)