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42. Prohibiting Open Burning Without a Permit

IDAHO COUNTY ORDINANCE NO. 42
AN EMERGENCY ORDINANCE OF IDAHO COUNTY, STATE OF IDAHO, PROHIBITING OPEN BURN WITHOUT A PERMIT IN UNINCORPORATED AREA OF IDAHO COUNTY; PROHIBITING OPEN BURNING IN VIOLATION OF CONDITIONS OR PERMIT; EXEMPTING OPEN BURNING FOR AGRICULTURAL PURPOSES, OPEN BURNING UNDER PERMIT OR LICENSE ISSUED BY OTHER GOVERNMENTAL AGENCIES AND OPEN BURNING BY EMPLOYEES, CONTRACTORS AND AGENTS OF GOVERNMENTAL AGENCIES ENGAGED IN OFFICIAL DUTIES; PROVIDING FOR PERMIT APPLICATION; PROVIDING FOR APPLICATION FEES; PROVIDING PROCEDURES FOR PROCESSING APPLICATIONS, ISSUANCE, DENIAL AND APPEAL OF DENIAL OF PERMIT; PROVIDING THAT A VIOLATION OF ANY PROVISION OF THE ORDINANCE SHALL BE A MISDEMEANOR, PUNISHABLE BY FINE OF NOT MORE THAN THREE HUNDRED DOLLARS ($300.00), OR NOT MORE THAN THIRTY (30) DAYS, OR BOTH; PROVIDING THAT THE PROVISIONS OF THE ORDINANCE SHALL BE ENFORCED BY THE SHERIFF AND ANY STATE POLICE OFFICER; PROVIDING THAT THE SHERIFF IS AUTHORIZED TO EXTINGUISH OR CAUSED EXTINGUISHMENT OF FIRE AND VIOLATION OF THE ORDINANCE; PROVIDING THAT IDAHO COUNTY, ITS OFFICIALS, EMPLOYEES AND AGENTS OF NOT BE LIABLE FOR CLAIMS ARISING DIRECTLY OR INDIRECTLY FOR ISSUANCE OR DENIAL OF PERMIT OR ENFORCEMENT OF THE ORDINANCE; PROVIDING THAT NOTHING IN THE ORDINANCE OR PERMIT ISSUED SHALL EXEMPT ANY PERSON FROM OPERATION OF OR COMPLIANCE WITH OTHER LAWS; PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE UPON ADOPTION AND POSTING IN AT LEAST FIVE (5) PUBLIC PLACES IN IDAHO COUNTY; PROVIDING THAT ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE SHALL BE REPEALED.
Whereas, the board of Idaho County commissioners on August 9, 2000, declared a state of local disaster emergency to exist in Idaho County due to uncontrolled forest and wildfires existing in Idaho County; and
Whereas, due to weather conditions and the conditions of lands and sources of potential fuel for forest and wildfires, there is an impending danger and eminent threat to life as public and private property in Idaho County by reason of uncontrolled fires and open burning and hazards associated therewith, requiring immediate operation of this ordinance; and
Whereas, the board of commissioners has authority to pass ordinances to provide for the safety and goods order of the county and its inhabitants pursuit to Idaho Code § 31 — 714;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF IDAHO COUNTY, IDAHO AS FOLLOWS:
SECTION 1:
“Open burning” under this ordinance shall mean igniting or maintaining a fire outside an enclosed building, dwelling structure, or completely enclosed heating or cooking appliance, including but not limited to campfires, cook fires and the burning of waste, refuse or other materials.
SECTION 2:
1. OPEN BURNING PROHIBITED — VIOLATIONS — PENALTIES:unless otherwise exempt, it shall be unlawful:
a. For any person to knowingly engage in open burning off an unincorporated land within Idaho County without having first obtained a permit issued by the county pursuant to the provisions of this ordinance; or
b. For any person who has been issued a permit under this ordinance to engage in open burning in violation of any condition established for issuance of the permanent.
A violation of any provision of ordinance shall be a misdemeanor, punishable by fine of not more than three hundred dollars ($300.00), or incarceration in the county jail for not more than thirty (30) days, or both.
2. EXEMPTIONS:this ordinance shall not apply, and no permit shall be required, for open burning:
a. For agricultural purposes; or
b. Engaged in pursuant to a permit or license issued by any other local, state or federal governmental agency of competent jurisdiction; or
c. 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.
3. PERMITS:permit shall be issued by the Idaho County Sheriff upon such terms and conditions as hereafter provided. All applicants shall pay an application permit fee of thirty five dollars ($35.00) to a sheriff at the time of filing the application.
Any person seeking to obtain a permit under this ordinance shall make applications on such forms provided by the sheriff. All applicants shall provide such information as may be required by the sheriff for consideration of application.
All permits issued shall, among other conditions that may be established, provided b) the dates and locations open burning is permitted, and shall require the permittee to provide for a means of extinguishment of the fire. The sheriff may, in his discretion, limit the dates and times at which burning will be permitted. The board of commissioners may, by resolution, establish other terms and conditions for granting the permits as it deems appropriate for the safety and welfare of the county and its inhabitants.
In addition to other requirements or conditions as may be established, that applicant may be required, in the sheriff’s discretion, to a) provide proof of sufficient insurance or other means of financial responsibility, and b) provide a plan describing the applicants proposed means of extinguishment and suppression as a condition for granting a permit.
The Sheriff may deny any application if a) the applicant has failed to pay the application permit fee or has failed to supply any requested information required for consideration of the application, or b) the applicant has failed to meet other conditions established by the county for granting the permit, or c) granting the permit is deemed to pose an undue risk to safety of persons or property, or d) any other reason permitted by law.
In the event the Sheriff shall deny granting any permit, the sheriff shall, in writing, notify the applicant of the denial, along with the reasons therefore, and serve such notice either by personal service or by certified mail, with service being effective upon mailing. Any applicant may appeal the sheriff’s denial of an application to the board of commissioners by filing a written request for an appeal hearing with the county clerk within twenty eight (28) days after the date the applicant was served with the notice of the denial.
4. ENFORCEMENT:The provisions of this ordinance may be enforced by the sheriff and any peace officer of the State of Idaho. In addition, the sheriff and any peace officer of the State of Idaho, is authorized to extinguish or cause to be extinguished any open fire ignited or maintained in violation of this ordinance.
5. OPERATION OF OTHER LAWS NOT AFFECTED: Nothing in this ordinance or any permit shall exempt any person from the operation of or compliance with any other state, federal or local law, regulation or ordinance.
6. NO LIABILITY:Idaho County, its officials, employees and agents of 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 ordinance or performance of official duty hereunder.
SECTION 3: All ordinances or parts thereof in conflict herewith are hereby repealed.
SECTION 4: This ordinance shall become effective upon its approval on posting and five (5) public places in Idaho County.
DATED this 10th day of August, 2000.
BOARD OF IDAHO COUNTY COMMISSIONERS:
GEORGE ENNEKING
Chairman, Board of Commissioners
HARRY OWENS, Commissioner
LEWIS ULMER, Commissioner
ATTEST:
ROSE GEHRING, Clerk

 

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