A. Open Burning Prohibited; Violations; Penalties:
1. Any expenses incurred by the County, any Fire District, or other government entity, in combating, suppressing, and/or extinguishing any fire resulting from a violation of this chapter shall be assessed to and borne by any and all responsible parties.
2. Nothing in this chapter shall be construed to limit any expense, penalty, or liability assessed by any other local, State, or Federal governmental agency.
3. A violation of any of the provisions of this chapter shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the County Jail not exceeding six (6) months, or both.
B. Exemptions: This chapter shall not apply to open burning under the following circumstances. If any exemptions stated in this section conflict with the definitions in section 8-10-1 of this chapter, the exemption shall be allowed.
1. For otherwise permitted agricultural purposes.
2. Engaged in pursuant to a permit or license issued by any other local, State or Federal governmental agency of competent jurisdiction.
3. Engaged in by any employee, contractor or agent of any local, State or Federal governmental agency in the course of performance of their official duties or employment.
4. Warming and cooking fires within the boundaries of the United States Forest Service when the fire is ignited or maintained in accordance with the laws and regulations set by the United States Forest Service.
5. Commercial fireworks as permitted by Idaho Code section 39-2605, in-season fireworks as permitted by Idaho Code section 39-2606.
While this chapter is not intended to restrict the burning of ditch banks, and fence rows except during a County declared burn ban, burnings of those types must also be attended and controlled. An unattended burning of this type that is not controlled and damages the property of another is in violation of this chapter.
C. Enforcement: The provisions of this chapter may be enforced by the Sheriff and/or any peace officer of the State of Idaho authorized by the Sheriff. In addition, the Sheriff and/or any peace officer of the State of Idaho authorized by the Sheriff, is authorized to extinguish or cause to be extinguished any open fire ignited or maintained in violation of this chapter which shall include any permitted or exempt fire that is deemed to be uncontrolled or unattended, with the full expense of such extinguishment being assessed to and borne by the responsible parties.
D. Operation Of Other Laws Not Affected: Nothing in this chapter or any permit shall exempt any person from the operation of or compliance with any other State, Federal or local law, regulation or ordinance.
E. No Liability: Washington County, its officials, employees and agents shall not be liable for any claim or cause, regardless of the nature thereof, arising directly or indirectly from the granting or denial of any permit under this chapter or performance of any official duty hereunder. (Ord. 83, 1-28-2019)