Chapter 8.36
OUTDOOR BURNING
Sections:
8.36.050 Inspection and citation.
8.36.010 Short title.
This chapter shall be known as the “outdoor burning ordinance.” (Ord. 2882 § 2, 2003)
8.36.020 Prohibitions.
(1) Except as provided in SHMC 8.36.030, no person shall kindle, start, maintain or allow to be maintained an “open outdoor fire.” For purposes of this chapter an “open outdoor fire” shall include any open outdoor fire within the ordinary definition and understanding of said words, and shall include, but not be limited to, the outdoor burning of grass, hay, straw, or similar material, as well as commercially available fuel, wood, tree limbs, branches, leaves, trimmings, or any other woody debris, and may also include burning other inappropriate material such as waste, debris, trash, rubbish or garbage, regardless of whether the fire is in the open or contained in a fire ring, burn barrel, outdoor fireplace, trash burner, incinerator, barbecue pit, fire pit or other similar burning container.
(2) No person shall kindle, start, maintain or allow to be maintained a garbage fire or rubbish fire. A garbage fire or rubbish fire is an open outdoor fire in which the materials burned are ordinarily found in household garbage and trash, including but not limited to food packaging, cardboard and plastic food containers, as well as putrescible and nonputrescible materials. (Ord. 2882 § 3, 2003)
8.36.030 Exemptions.
The following activities are specifically exempted from the prohibition in SHMC 8.36.020:
(1) Cooking Fire. Outdoor fire used for pleasure, religious, ceremonial, cooking or similar purposes with the fire contained in a fireplace, barbecue grill, barbecue pit, or other similar enclosure specifically designed for outdoor recreation or cooking. Notwithstanding this exception, no outdoor fire is permitted in any type of burn barrel.
(2) Recreation Fire. A fire as defined in the Oregon Fire Code, based on the International Fire Code as adopted by the city, to wit: recreation fire is the burning of materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill, or barbecue pit (or other enclosure) and with a total fuel area of three feet (914 millimeters) or less in diameter and two feet (610 millimeters) or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
(3) Biannual Burn Period.1 An “open outdoor fire” may be allowed by special permit during the following special burn periods:
(a) A period beginning the first Saturday in May and continuing for 16 consecutive days.
(b) A period beginning the third Saturday in October and continuing for 16 consecutive days.
(c) Such other period as established by resolution of the city council.
Special permits shall be issued by the fire marshal after payment of an administrative fee. Said administrative fee shall be established by resolution. A permit may be issued only for the approved burn periods and shall contain such conditions and restrictions deemed necessary by the fire marshal to protect public health and safety, including but not limited to compliance with the Columbia County Fire Defense Board Rules for Open Burning. The holder of such special permit shall be allowed to build an open outdoor fire under the conditions of the permit only. Any deviation from the provisions of the permit shall be a violation of this chapter.
(4) Training. Fires set and maintained for fire fighting training or training fire protection personnel provided all safety precautions required by the fire marshal are met.
(5) Emergency Fire. When an emergency is declared under the emergency operations chapter, Chapter 2.48 SHMC as amended, the mayor may suspend the open burning ban and permit case by case burning subject only to the written or verbal approval of the fire marshal, and in accordance with such conditions and restrictions deemed necessary by the fire marshal to protect public health and safety.
Any open outdoor fire authorized in this section shall only be used to burn commercially available fuel, wood, tree limbs, branches, leaves, trimmings, or any other woody debris. (Ord. 3135 § 1, 2010; Ord. 3122 § 1, 2009; Ord. 3026 § 1, 2006; Ord. 2882 § 4, 2003)
8.36.040 Penalty.
(1) A violation of SHMC 8.36.020(1) shall be considered a “B” violation.
(2) A violation of SHMC 8.36.020(2) or a second conviction within three years of the date of the first conviction under SHMC 8.36.020(1) shall be considered an “A” violation.
(3) A violation of the limitations on exemptions set forth in SHMC 8.36.030 or of any special permit condition granted pursuant to this chapter shall be considered a “B” violation. A second conviction for violation of the limitations set forth in SHMC 8.36.030 or of any special permit condition that occurs within three years of the date of the first conviction shall be an “A” violation.
(4) In addition to any fines imposed by the court, the court is specifically authorized to order abatement and restitution, as well as community service, not to exceed 48 hours.
(5) The references to violation classes in this section correspond to the most recent classification level and penalty set forth in the Oregon Revised Statutes for such violations, currently ORS 153.018. (Ord. 3067 § 1, 2007; Ord. 2955 § 2, 2005; Ord. 2882 § 5, 2003)
8.36.050 Inspection and citation.
(1) The following are listed “enforcement officers” and are hereby specifically authorized by law to make such investigations and inspections as are necessary to enforce the provisions of this chapter, and to issue violation citations to individuals or entities to appear in the St. Helens municipal court:
(a) Any city police officer, city code enforcement officer, city building official, city planning administrator, city administrator, city engineering manager, the fire chief of Columbia River Fire and Rescue and his agents, employees, or designees authorized to perform the duties of this chapter, and such other employees of the city of St. Helens as are specifically identified in an order or resolution of the city council.
(2) When it may be necessary to inspect any premises to enforce the provisions of this code, any enforcement officer having reasonable cause to believe that there exists, upon a premises, a condition which is contrary to or in violation of this chapter, the enforcement officer, in accordance with administrative policy, may enter at reasonable times to inspect or to perform the duties imposed by this chapter; provided, that if such premises be occupied that credentials be presented to the occupant and entry requested. If such premises be unoccupied, the enforcement officer shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the enforcement officer shall have recourse to the remedies provided by law to secure entry, including specifically an administrative search warrant from the municipal court. (Ord. 3067 § 2, 2007; Ord. 2882 § 6, 2003)
8.36.060 Other laws.
Nothing in this chapter authorizes or commands or shall be interpreted as authorizing or commanding the performance of an activity which is in violation of any county, state or federal law or regulation. (Ord. 2882 § 8, 2003)
Code reviser’s note: Section 2 of Ord. 3135 provides, “The effective start for the new Fall burning period will be October of 2010. The effective start for the new Spring burning period will be May of 2011.”