Chapter 8.06
OUTDOOR BURNING

Sections:

8.06.010    Applicability.

8.06.020    Definitions.

8.06.030    Outdoor burning prohibited – Exceptions.

8.06.040    Unlawful to leave fire unattended.

8.06.050    Responsible party.

8.06.060    Right of entry.

8.06.070    Violations – Right to extinguish fire – Penalty.

8.06.010 Applicability.

This chapter shall apply to all outdoor burning within the town of Waterville except the following, specific types of fires:

A. Fires for grilling, cooking, or smoking food which are contained within an appliance or device using charcoal, wood, or combustible gas for fuel.

B. Kerosene, gasoline, propane or other gas-fueled fires emitted from a torch, burner manifold, or similar device intended for heating, construction, or maintenance purposes. (Ord. 694 § 1, 2008).

8.06.020 Definitions.

The following term shall have the following meaning when used in this chapter:

“Outdoor burning” means the combustion of material of any type in an open fire or an outdoor container. (Ord. 694 § 1, 2008).

8.06.030 Outdoor burning prohibited – Exceptions.

All outdoor burning and outdoor fires within the town of Waterville shall be unlawful, excepting those that are conducted under a written permit issued by the Department of Ecology. Examples of outdoor burning that may receive permits from the Department of Ecology are fire fighter instruction fires and agricultural burning. (Ord. 694 § 1, 2008).

8.06.040 Unlawful to leave fire unattended.

It shall be unlawful to leave any outdoor fire unattended. A responsible person capable of extinguishing the fire must attend to it at all times until extinguished. When extinguished, the fire must be cold to the touch and emit no smoke before it can lawfully be left unattended. (Ord. 694 § 1, 2008).

8.06.050 Responsible party.

Any person who initiated and/or conducts any kind or type of outdoor fire shall be fully responsible for all fire suppression costs incurred to control, suppress, and/or extinguish the fire. (Ord. 694 § 1, 2008).

8.06.060 Right of entry.

Any law enforcement officer acting on behalf of the town of Waterville or the fire chief (or authorized representative of the fire chief) shall have the right to enter onto any private property within the town of Waterville upon which an outdoor fire is burning, for the purpose of inspecting the property to ascertain whether the fire is in compliance with the provisions of this chapter; provided, this right to inspect shall not be considered a duty to inspect. (Ord. 694 § 1, 2008).

8.06.070 Violations – Right to extinguish fire – Penalty.

The fire chief or, in the chief’s absence, the chief’s authorized subordinate shall have full authority to direct such members of the Douglas County Fire District No. 1 as may be needed to enter onto any property where a fire is burning in violation of this chapter and extinguish the fire. Any person violating this chapter shall be fined in accordance with the following schedule:

 

Minimum

Maximum

First offense within three-year period

$75.00

$500.00

Second offense within three-year period

$150.00

$500.00

Third offense within three-year period

$325.00

$500.00

Fourth offense within three-year period

$500.00

$500.00

In addition to locally administered fines, the Department of Ecology enforces state outdoor burning regulations and has penalty authority up to $10,000 per day per violation. (Ord. 694 § 1, 2008).