Ordinance 16-25 Requiring a Permit to Burn Trash in a Screen Covered Container

CITY OF HOMER

                                                                              HOMER, ALASKA

City Manager

                                                                            ORDINANCE 16-25 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 5.20.020, open burning- permit requirement, BY requiring a permit to burn combustible materials in an approved burn barrel, and amending homer city code 5.20.030, Trash burning- approved container, by requiring a permit to burn trash in a screen covered container or other trash burner approved by the Fire chief.

WHEREAS, The State of Alaska Division of Forestry amended the regulations pertaining to the use of burn barrels for the disposal of Class A materials, including wood, grass, and other organic materials, and now requires a permit for the use of a burn barrel during burn season, which begins on April 1 and ends on August 31 (“burn season”); and

WHEREAS, This change will affect the authorized use of burn barrels within the city limits of Homer, as well as all surrounding areas.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code 5.20.020, Open burning – Permit requirement, is amended to read as follows: 

5.20.020 Open burning – Permit requirement.

a. Except as provided in subsection (c) of this section, no person shall burn any combustible material in the open without a permit from the City, including in approved burn barrels. Burning permits shall be available at the Fire Department and shall be issued only upon approval of the Fire Chief or other official with written delegation of authority from the Fire Chief. Any person burning combustibles, whether under the authority of a permit or not, is solely responsible for any damage caused by the fire.

b. If the Fire Chief determines that weather or other conditions create a situation where open burning may create a hazard to public health or safety, or property, the Fire Chief may refuse to issue burning permits, restrict the number of permits issued, impose additional restrictions on new permits, modify, suspend, or revoke existing permits, prohibit campfires, and take other measures necessary to protect health, safety, life, and property for as long as the hazardous conditions exist.

c. A person may use a barbecue and burn a campfire in a developed fire pit or ring without a burning permit.

d. The Fire Chief shall have authority to impose conditions on burning permits and to suspend or modify burning permits as necessary to protect public health and safety, life and property. The Fire Chief shall have authority to revoke a burning permit for violation of the terms of the permit.

e. The intentional use of coal as a fuel in any open burning, barbecues or campfires is prohibited; however, the use of charcoal is exempt.

f. The violation of any provision contained in this chapter shall be punished under the general penalty provision of HCC 1.16.010. The City may also invoke civil penalties and remedies under HCC 1.16.020.

Section 2.  Homer City Code 5.20.030, Trash burning – Approved container, is amended to read as follows:

5.20.030 Trash burning – Approved container.

No person shall burn trash without a permit. All open burning of household waste or other materials is prohibited, except brush, grass, wood and paper products that are uncontaminated under applicable DEC regulations.

Section 3.   This ordinance shall be of a permanent and general character and shall be included in the City code.

               ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 13th day of June, 2016.

                                                                                                         CITY OF HOMER

_____________________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

Reviewed and approved as to form.

Mary K. Koester, City Manager                                                          Holly C. Wells, City Attorney

Date:                                                                                                             Date:                                                       

Fiscal Note: N/A