ORDINANCE NO. 2021-003
AN ORDINANCE OF THE CITY OF TROY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TROY CITY CODE TITLE 3, CHAPTER 5: REGULATIONS FOR BURNING WITHIN CITY LIMITS; ADDING DEFINITIONS; ADDING THE PROCEDURE FOR OBTAINING A BURN PERMIT; CHANGING THE DATES A BURN PERMIT IS REQUIRED; AND REGULATING OPEN BURNING; PROVIDING FOR SEVERABILITY; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AFTER THE DATE OF PUBLICATION.
WHEREAS, the City has received numerous complaints regarding burning and particularly residents burning within city limits; and
WHEREAS, the Mayor of the City of Troy recommended revisions to the Burn Ordinance to the City Council at the May 12, 2021 City Council meeting; and
WHEREAS, during the May 26, 2021 City Council meeting, during the public comment period, testimony was received by community members who had complained about a neighbor burning improper materials too close to his home and allowing it to smolder for days. Said testimony was in support of an amendment to the Burn Ordinance, which would regulate the type of burning complained of by community members; and
WHEREAS, the City Council deems it to be in the best interests of City, for the public health, safety, and welfare of its citizens, to adopt the amendment to City Code 3-5, regulating burning within City limits.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF TROY IDAHO AS FOLLOWS:
SECTION 1: That Troy City Code 3-5: Burn Regulations shall be amended as follows:
: DEFINITIONS:
HEATING APPLIANCE/INCINERATOR: For the purposes of this chapter, means a burn barrel would be considered an incinerator so long as the burn barrel and surrounding area comply with the following minimum standards: the burn barrel is no larger than a fifty-five (55) gallon barrel in good condition; has proper ventilation in the lower portion of the barrel with each hole for ventilation that is larger in area than one square inch being backed by metal screen; has an expanded metal screen with holes not larger than five-eighths inch (5/8”) covering the top; and
the area around the burn barrel is cleared down to mineral soil or gravel at least ten feet (10’) on each side of the incinerator.
OPEN BURNING OR OPEN BURN: Under this chapter, shall mean the igniting or combustion of any material not contained in a heating appliance or incinerator, including, but not limited to, campfires, cook fires and the burning of water, refuse or other materials.
REFUSE: Means all solid wastes, garbage, and rubbish, including, but not limited to, cardboard, plastic, rubber, Styrofoam, petroleum products, furniture, foodstuff, or chemically treated wood.
SOLID FUEL: Means nonliquid combustible material including wood, coal, pressed logs, pellet fuel, but excluding items defined herein as “refuse”.
YARD WASTE: Means natural yard debris, including Christmas trees, leaves, pine needles, and tree branches.
: BURNING OF RUBBISH IN BUSINESS DISTRICT:
It shall be unlawful for any person to burn or cause to be burned any trash, lumber, leaves yard waste, straw, papers or any other combustible material outside of any building in any street, alley, vacant lot or vacant portion of any lot located within the business district of the city.
3-5-23-5-3: BURNING OF RUBBISH IN RESIDENTIAL DISTRICTS:
It shall be unlawful for any person to burn or cause to be burned any trash, lumber, leaves yard waste, straw, papers or any other combustible material outside of any building district of the city City from the period of June 1May 10 of each year to October 31 20 of each year, without first obtaining a permit from the clerk stating when such burning shall be done and under such proper safeguards as the council may direct.
: BURNING BY PERMIT:
Permits Issued: Burn permits may be issued between May 10 to October 20 of each year by the City Clerk, an individual designated by the City Clerk, or City Council upon such terms and conditions as follows:
There shall be no fee for a burn permit.
Applicants shall make an application to the City Clerk, an individual designated by the City Clerk, or City Council on such forms as provided by the City of Troy.
In addition to other requirements or conditions as may be established, the applicant may be required, in the Fire Chief’s, City Clerk’s or City Council’s discretion, to: a) provide proof of sufficient insurance or other means of financial responsibility, and b) provide a plan describing the applicant’s proposed means of extinguishment and suppression as a condition for granting a permit.
Permits may only be issued for a maximum of five (5) consecutive days.
The City Council, at its discretion or upon recommendation by the Fire Chief, may put a moratorium on the issuance of any burn permits. The City Council may also extend the duration and modify the conditions of any burn permit upon request of the Fire Chief, City Clerk, or applicant.
Application Denial: The City Clerk, or an individual designated by the City Clerk, may deny an application if:
The applicant fails to provide any information requested.
Granting the permit would pose an undue risk to the safety of persons or property.
The applicant has been cited for violating this Chapter on more than three (3) occasions in one (1) calendar year.
Any other reason permitted by law.
A denial of an application shall be served in writing by certified mail or by personal delivery to the applicant.
Appeals:
If the City Clerk denies an application, the applicant may appeal the denial to the City Council by filing a written request for an appeal hearing within twenty-eight (28) days after the date the denial was mailed.
Variances:
The City Council may grant variances to the condition contained herein upon application from any interested party if the Council finds that the variance would not adversely impact the health, safety, and welfare of the citizens and if any requested variance meets the standards and approval of the Fire Department.
3-5-33-5-5: EXCEPTIONS:
A. Nothing in this chapter shall prohibit the burning of combustible materials in the residential district in covered barrels or containers so constructed as to prevent the escape of any burning material, and such containers shall be subject to the approval of the fire chief. (1968 Code)
: OPEN BURNING:
Open burning is allowed for garden waste, tree trimmings, and brush only.
The following conditions are requested for open burning:
Burning shall be at a distance of at least twenty-five feet (25’) from any building, structure or other combustible material when the pile size is three feet (3’) or less in diameter and two feet (2’) or less in height. Anything larger shall be fifty feet (50’) or more from any structure or other combustible material.
A garden hose with water supply or other fire extinguishing equipment shall be on hand and a competent person will be at the burn sit at all times until the fire has been totally extinguished. Persons who are burning debris must be in legal control of the lot or parcel of land on which the burning is to take place.
There will be no open burning on public land.
No waste matter shall be burned which will, in the burning process, produce toxic, dense or offensive odors.
No burning will be allowed after dark and persons who are burning debris will make sure that all fires are totally extinguished before leaving the site.
No demolition or construction stie burning is permitted burning this burning
period.
This burning period shall not include lot burning, yard waste, grass trimmings or
any rubbish containing paper products.
A permit is not required for this type of burning; however, persons who do not meet all of the above requirements may be subject to the permit requirements of this Chapter and/or fines as per the City of Troy City Code.
Burning will be ordered to immediately discontinue if the Fire Chief or his designee on duty determines that smoke emissions are offensive to occupants of surrounding property, or if open burning is determined by the City Code Officer or Fire Duty Officer to constitute a hazardous condition, or the Department of Environmental Quality issues an air quality forecast and caution with a mandatory burn ban.
SECTION 2: Repeal and Severability.
That any provisions of the Troy City Code found to be inconsistent with this Ordinance and the same is hereby repealed.
Should any provision of this Ordinance be deemed unlawful or unconstitutional, such finding shall not affect the remaining provisions of this Ordinance.
That this Ordinance shall become effective upon publication.
ADOPTED as an ordinance of the CITY OF TROY on the 8th day of Dec. 2021.
STEVE CORR, Mayor
ATTEST:
SABRINA MOYER, City Clerk