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ORD 89-63 BURNING PERMITSROC/sk Prepared on: December 1, 1989 To Be Considered: December 7, 1989 Revised: 12-16-89 To Be Considered: December 21, 1989 ORDINANCE NO. 89-63 AN ORDINANCE TO REPEAL ORDINANCE NO. 89-58(B) AND TO AMEND THE WINSLOW MUNICIPAL CODE AS TO BURNING PERMITS TO PROVIDE FOR THEIR DENIAL OR ISSUANCE, REQUIREMENTS, STANDARDS FOR BURNING, PENALTIES, THE POSTING OF A BOND, AND PROVIDING FOR COSTS OF ENFORCEMENT, TO BE ADDED TO TITLE 15 AS SECTION 15.04.100. The Mayor and Council of the City of Winslow, Washington do ordain as follows: Section 1. in its entirety. Ordinance No. 89-58(B) is hereby repealed Section ~. A new section is added to the Winslow Municipal Code entitled Section 15.04.100 Burning Permits as follows: Section 15.04.100. The authority for this section is provided by Chapter 52.12 RCW as now existing or hereafter amended. Section 3. Residential Fires. a. A permitted residential fire shall contain only materials consisting of natural vegetation resulting from the maintenance of lands immediately adjacent and in close proximity to a human dwelling and which is burned on the tax lot on which the material originated. b. It shall be unlawful and a violation of this ordinance to intentionally build, prepare or ignite any residential fire which is larger than 4 feet in diameter and 3 feet high. c. No permit or notification is required for a permitted residential burning fire. Section !. Land Clearing Fires. a. A permitted land clearing fire shall contain only natural vegetation resulting from land clearing projects and shall be burned on the tax lot on which the materials originated or within the confines of a development project approved by the city. b. It shall be unlawful to intentionally build, prepare or ignite any land clearing fires larger than 10 feet in any dimension. Section 5. Conditions. All permitted fires are subject to the following additional conditions: 1. Any such fire shall be ignited and allowed to burn only during daylight hours except if the fire is attended at all times by a responsible adult as required in section 3.C.4 herein. 2. Only vegetation or other natural materials shall be permitted in a permitted fire. No fire containing plastics, rubber or items causing toxic smoke or odors, no garbage, dead animals, asphalt, petroleum products, shall be permitted. 3. Only one permitted burn pile per tax lot shall be permitted at any time. Sequential fires are permitted only when each fire is completely extinguished before igniting any subsequent fire. 4. One adult person, capable of extinguishing the fire must be within sight distance of the fire at all times it is burning. 5. At minimum five (5) ~allons of water or a charged garden hose must be available for extinguishing sparks or other uncontrolled fires. 6. The materials to be burned shall be placed on bare soil, free from flammable materials. In addition all flammable materials within five (5) feet or a distance to prevent spreading shall be removed from the ground. 7. Permitted fires shall be allowed during periods of calm to very light winds. Fires regulated under this ordinance shall be subject to the prohibition on fires due to poor air quality as declared by Puget Sound Air Quality Authority from time to time. 8. The Fire Marshall may require a permitted fire to be extinguished if in the opinion of the Fire Marshall the fire is causing a nuisance from smoke, odor or flying ash. Section ~. Notice As To Permitted Fires. Any person desiring to ignite a permitted land clearing fire shall notify the Fire Marshall. No notice is required for residential fires. Section 7. Severability. If any section, clause, or other portion of this ordinance or its application to any person or circumstance,is held invalid, the remainder of such ordinance, or the application of such section, clause, or provision to other persons or circumstances shall not be affected. Section 8. Procedures. The Fire Marshall shall establish procedures for carrying out the provisions of this section. This ordinance shall take effect five days after publication in the official city newspaper. ATTEST/AUTHENTICATE: ALICE B. TAWRESEY, Mayor APPROVED AS TO FORM: ROBERT O. CONOLEY, City Attorney FILED WITH CITY CLERK: December 16, 1989 APPROVED BY CITY COUNCIL: December 21 ~ 19 8 9 PUBLICATION DATE: January 3, 199 0 EFFECTIVE DATE: January 8 f 1990 ORDINANCE NO. 89-63