Chapter 7.20


7.20.010    Purpose.

7.20.020    Applicability.

7.20.030    Definitions.

7.20.040    General prohibition on outdoor burning and open burning.

7.20.050    Permissible burning – Without clearance.

7.20.060    Open burning of brush, leaves, and grass clippings.

7.20.070    Burning permission.

7.20.080    Extinguishing outdoor fires.

7.20.090    Liability.

7.20.100    Violation – Penalty.

7.20.110    Severability.

7.20.010 Purpose.

This chapter is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of Syracuse by regulating the air pollution and fire hazards of open burning and outdoor burning. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.010.]

7.20.020 Applicability.

This chapter applies to all outdoor burning and open burning within Syracuse.

(A) This chapter does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.

(B) This chapter does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building certified for human or animal habitation.

(C) This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.020.]

7.20.030 Definitions.

The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:

“Agricultural burning” means open burning, in rural areas, essential to agricultural operations, including the growing of crops, the raising of fowl, animals or bees, when conducted on the premises where produced.

“Air contaminant” means any particulate matter or any gas, vapor, suspended solid or any combination thereof, excluding steam and water vapors.

“Air contaminant source” means any and all sources of emission of air contaminants, whether privately or publicly owned or operated.

“Air pollution” means the presence in the ambient air of one or more air contaminants in quantities, or characteristics and under conditions and circumstances, and of a duration sufficient to cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interferes with the enjoyment of life or use of property, as determined by the standards, rules and regulations adopted by the Utah Air Quality Board.

“Appropriate authority” means the governing body of any city, town or county.

“Atmosphere” means the air that envelopes or surrounds the earth and includes all spaces outside of buildings, stacks or exterior ducts.

“Authorized local authority” means a city, county or combination health department; a city, county, or combination fire department; or other local agency duly designated by appropriate authority, with approval of the State Division of Health, as the agency to issue clearance or permission for open burning under regulations of the State Division of Health and other lawfully adopted ordinances, codes or regulations not in conflict therewith.

“Campfire” means a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste, wood or refuse.

“Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.

“Clearing index” means a number indicted rate of clearance of ground level pollutants from a given area. This number is calculated by the National Weather Service, from daily measurements of temperature lapse rates and wind speeds and directions from ground level to 10,000 feet.

“Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.

“Division” means the Utah State Division of Health.

“Emission” means the act of discharging, into the atmosphere, an air contaminant or an effluent which contains or may contain an air contaminant, or the effluent so discharged into the atmosphere.

“Fire Chief” means the Chief of the Syracuse Fire Department.

“Garbage” means all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food, including wastes attendant thereto.

“Heavy fuel oil” means a petroleum product or similar material heavier than diesel fuel.

“Household waste” means any solid or liquid material normally generated by a family in a residence in the course of ordinary day-to-day living, including but not limited to garbage, paper products, rags, leaves and garden trash.

“Municipality” means a county, township, city, or village.

“Open burning” means any burning of combustible materials where the products of combustion are emitted into open air without passing through a chimney or stack.

“Outdoor burning” means open burning or burning in a patio wood-burning unit.

“Patio wood-burning unit” means a chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.

“Person” means any individual, public or private corporation, partnership, association, firm, trust or estate; the state or any department, institution, bureau, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by the law as being subject to rights and duties.

“Refuse” means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.

“Salvage operation” means any business, trade or industry engaged in whole or part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.

“Trash” means solids not considered to be highly flammable or explosive, including, but not limited to, clothing, rags, leather, plastic, rubber, floor coverings, excelsior, tree leaves, yard trimmings and other similar materials.

“Waste” means all solid, liquid or gaseous material, including, but not limited to, garbage, trash, household waste, construction or demolition debris, or other refuse including that resulting from the prosecution of any business trade or industry. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.030.]

7.20.040 General prohibition on outdoor burning and open burning.

Open burning and outdoor burning are prohibited in Syracuse unless the burning is specifically permitted by this chapter. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.040.]

7.20.050 Permissible burning – Without clearance.

When not prohibited by other laws or by officials having jurisdiction, and provided that a nuisance is not created, the following types of open burning are permissible without securing clearance:

(A) In devices for the primary purpose of preparing food such as outdoor grills and fireplaces.

(B) Campfires and fires used solely for cooking, ceremonial, or recreational purposes where such fires do not create a nuisance and are under the control of a responsible person.

(C) Indoor fireplaces.

(D) Burning of fence lines on cultivated lands, canals, or irrigation ditches if:

(1) The burning does not pose a threat to forest, range, or watershed lands;

(2) Due care is used in the control of the burning; and

(3) The individual notifies the Fire Department of the approximate time the burning will occur.

(E) Open burning described in subsection (A) of this section between November 1st and May 31st of the following year if the ground is snow covered, except in years the closed burning season is extended by the State Forester. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.050.]

7.20.060 Open burning of brush, leaves, and grass clippings.

(A) Open burning of brush, leaves, grass clippings, and crop stubble is allowed only at properties in an agricultural zone, properties containing 20 or more trees, or properties at least two acres in size. Such burning shall be in accordance with all of the following provisions.

(B) Except for burning identified in SCC 7.20.050, permission to burn must be obtained prior to open burning under this section.

(C) All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard. Open burning shall be conducted in conformance with all local and state fire protection regulations.

(D) Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.

(E) No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or water body.

(F) Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition.

(G) No open burning may be conducted on days when the Department of Environmental Quality has declared an “air quality action day” applicable to Syracuse. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.060.]

7.20.070 Burning permission.

(A) Except where explicitly authorized by this chapter or state code, no person shall start or maintain any outdoor burning or open burning without permission granted by the Davis County Fire Warden, Fire Chief, or other authorized designee.

(B) Open burning shall be allowable by permission during dates designated by the Davis County Fire Warden. All state air clearing index action provisions must be abided by.

(C) When weather conditions or extenuating circumstances warrant, the Fire Chief may temporarily suspend issuing permission to burn and may temporarily suspend previously issued permission for open burning.

(D) Burning permission issued under this section shall require compliance with all applicable provisions of this title and any additional special restrictions deemed necessary to protect public health and safety.

(E) Any violation of the conditions of granted permission shall be deemed a violation of this chapter. Any violation of this chapter shall void any granted permission. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.070.]

7.20.080 Extinguishing outdoor fires.

The Fire Chief, Police Chief or their authorized representatives shall have the authority to require that any outdoor fire be immediately extinguished when, in their judgment, such fire creates a hazard or constitutes a violation of this chapter. If such a request for a fire to be extinguished is not fulfilled, the Fire Chief, Police Chief or their authorized representatives may take action to have such fire extinguished. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.080.]

7.20.090 Liability.

A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.090.]

7.20.100 Violation – Penalty.

Any person who shall violate any of the provisions of this chapter shall be guilty of a Class B misdemeanor. In addition thereto, such person may be enjoined from continuing such violations, and each day upon which such a violation occurs shall constitute a separate violation. [Ord. 12-27 § 1 (Exh. A); amended 1986; Code 1971 § 7.04.100.]

7.20.110 Severability.

If any provision of this chapter or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter which can be given independent effect. To this end the provisions of this chapter are severable. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.04.110.]