AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE SECTION 5.20.020, OPEN BURNING -- PERMIT REQUIRED, TO ADD A NEW SUBSECTION REGARDING COAL FIRES AND AMEND THE VIOLATION SUBSECTION.

WHEREAS, the Chief of Police reported that several times a year there are unattended fires that are partially or completely fueled by coal; and

WHEREAS, camp fires on the beach where coal is sometimes plentiful can easily be added to the fire and burns longer and hotter than wood; and

WHEREAS, coal fires do not extinguish as readily as wood fires and can smolder for days; and

WHEREAS, coal fires pose a fire danger risk to the community and are hazardous to hikers and beach walkers.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Section 5.20.020, Open Burning -- Permit Required, of the Homer City Code is hereby amended to read as follows:

5.20.020 Open burning--Permit requirement. a. Except as provided in subsection (c) and in section 5.20.030, no person shall burn any combustible material in the open without a permit from the City. 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.

e.f. Violation of the terms of a burning permit is an offense punishable under section 1.16.010. The violation of any provision contained in this chapter shall be punished under the general penalty provision of the city code. The City may also invoke civil penalties and remedies under section 1.16.020. (Ord.98-5 1, 1998; Ord 79-15 1, 1979; prior code 8-100.2).

Section 2. This ordinance is of a general and permanent nature and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, THIS ____ DAY OF _________, 2001.

CITY OF HOMER

___________________________

JACK CUSHING, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

_________________________ __________________________

Ron Drathman City Manager Gordon J Tans City Attorney

Date:_________________ Date: ________________