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HomeMy WebLinkAbout2422 OrdinanceORDINANCE NO. 2422 AN ORDINANCE amending Section 18.04.050 of the Pasco Municipal Code and establishing a Fifteen Dollar ($15.00) charge for a burning permit; And further providing for the recovery of costs for Fire Department calls to control and/or ex- tinguish fires started under the authority of a burning permit. WHEREAS, the City Council has deterrined that there are certain costs incurred by the city in issuing permits for controlled fires and in regulating the same and enat the oermittee should be assessed for those costs; and WHEREAS, a permittee under a burning permit should be responsible for payment to the Fire Department for its costs in responding to a call to an out-of-control fire started under the authority of a burn- ing permit, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Section 18.04.050 of the Pasco Municipal Code is hereby amended by the underlined additions set forth below: 18.04.050 SUBSTITUTION FOR SECTION 11.101 OF THE UFC. Section 11.101 of the Uniform Fire Code shall be omitted and the follow- ing shall be substituted in its place- Sec. 11.101. (a) Permit Required. No person shall kindle or maintain any bonfire, or rubbish fire or warming fire or field fire or auth- orize any such fire to be kindled or maintained without a permit. EXCEPTION. No permit shall be re- quired for campfires or residential barbecues, and such fires shall be alluied provided they do not consti- tute a fire nazard During the construction or demolition of ouildings or structures, no waste materials or rubbish shall be disposed of by burning on t -ie prerises or in the immediate vicinity without having obtained a permit. A permit shall be requ3red for each construction site. Burning permits shall be obtained in person between the hours of 8:00 a m. and 5.00 p.m , Monday through Friday except on holidays. Burning permits will be issued upon approval of an on- sight inspection of the burning site by a Fire Department representative. All permits will be in writing and will be valid for a period of one year from the date of issue, at which time they may be renewed. The Pasco Fire Depart- ment may utilize controlled burning for the purpose of training firefighters without a permit. Burning permits will be-4ree-(5E-ehage7 cost Fifteen Dollars ($15.00). No permit shall be issued without the payment of this fee first being made. Sec. 11.101. (b) Location Restricted. No person shall kindle or maintain any bonfire or rubbish fire or warming fire or authorize such fire to be kindled or maintained on any private land unless (1) the location is not less than 25 feet from any structure and adequate provision is made to prevent fire from spreading to within 25 feet of any struc- ture, or (2) the fire is contained in an approved waste burner located safely not less than 15 feet from any structure. Bonfires, rubbish fires and warming fires shall not be located less than 25 feet from power poles and not under overhead transmission lines. Sec. 11.101. (c) Attendance of Open Fires. Bonfires and rubbish fires and open field fires shall be constantly attended by a competent person until such fire is extinguished. This per- son shall have a garden hose connected to a water supply, or other fire extin- guishment equipment readily available for use. (gaming fires and campfires shall be under the constant observation of a comoetent person, and shall be extin- guished one hour prior to the evacuation of the site. Sec 11.101 (d) Field Fires. Open field burning may be allowed when in the opinion of the Chief such burn- ing does not constitute a hazard. Such burning shall be limited to two acres in area, and shall be surrounded by an effective fire barrier as follows: (1) Ten feet from roadways, power poles, and from other like areas (2) Twenty-five feet from structures. Such areas or widths may be modified if in the opinion of the Chief they do not constitute a distinct hazard to life or property. Sec. 11.101. (e) Chief May Prohibit The Chief may prohibit outdoor fire when atmospheric conditions or local circumstances make such fires hazardous. No person shall kindle any outdoor fire or authorize such fire to be kindled or maintained even if a permit has been issued when any of the following condi- tions are in force (1) If the wind velocity is above 10 miles per hour, or (2) If a temperature Inversion is pre- sent or air circulation is insufficient to disperse smoke, gases, and fumes, to the extent necessary to protect public health. It shall be the responsibility of the permittee to check the local conditions prior to burning by calling the phone number listed on the permit. Sec. 11.101. (f) All controlled burning shall comply with the regulations of the Benton/Franklin/Walla Walla Counties Air Pollution Control Authority Sec. 11.101. (q) Out-of-Control Fires/ Costs In the event that the Pasco Fire Department is called to control or extin- guish any fire started under the authority of a permit issued under this section, the person to whom the permit has been issued (permittee) agrees by his or her accept- ance of such permit to be responsible for payment to the City of Pasco of its reason- able costs for labor, equipment, fuel and materials as determined by the Pasco Fire Chief. It shall be unlawful for a permittee E o fall to make payment of said costs to the City of Pasco within ninety (90) days of the mailing of written demand for said costs through the mail service of the U.S. s, City Clerk APPROVED AS TO FORM: Postal Service. The conviction of any person for such failure shall constitute a misdemeanor. Section Two. This ordinance shall take effect on January 1, 1983, following passage and publication. PASSED this 20th day of December, 1982, and approved by the Mayor. E A. Snider, Mayor Greg A Rubstello, City Attorney Unreadabl e Origin° \ — Ordinance No 2422 AN ORDINANCE amending Seption 184 050 of the Pasco Municipal Code and establishing a Fifteen Dollar ($15 00) charge for a burning permit And further providing for the recovery of costs for Fire Department -calls to control and/or ertinguish fires started under the authority of a burning permit WHEREAS the City Coun cil has determined that there are certain costs incurred by the city in issuing -permits for controlled fires and in regu lating the same and that the permittee should be as sessed for those costs and WHEREAS a permittee under a burning permit should be responsible for payment to the Fire Depart ment for its costs in respond ing to a call to an out-of control fire started under the authority of a burning permit NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO ORDAIN AS FOLLOWS Section One Section 18 04 050 of the Pasco Mu nicipal Code is herey amended by the underlined additions set forth below 18 04 050 SUBST1TU TION FOR SECTION 11 101 OF THE UFC Section 11 101 of the Uniform Fire Code shall be omitted and the fol lowing shall be substituted in its place Sec 11 101 (a) Permit Re- quired No person shall kin- dle or maintain any bonfire or rubbish fire or warming fire or field fire or authorize any such fire to be kindled or maintained without a permit EXCEPTION No permit shall be required for camp- fires or residential barbe cues and such fires shall be allowed provided they do not constitute a fire hazard During the construction or demolition of buildings or structures no waste maten als or rubbish shall be dis posed of by burning on the premises or in the immediate vicinity without having ob- tained a permit A permit shall be rquired for each con struction site Burning per mits shall be obtained in person between the hours of 800 a m and 500 pm Monday through Friday ex cept on holidays Burn ng permits will be issued upon approval of an onsight in spection of the burning stte by a Fire Department rep resentative All permits will be in writing and will be valid for a period of one year from he date of issue at which t ime they may be renewed The Pasco Fire Department may utilize controlled burning or the purpose of training firefighters withoLt a permit Burning permits will cost Fif- teen Dollars (315 00) No permit shall be issued with- out the payment of this fee first being made Sec 11 101 (b) Location Restricted No person shall kindle or maintain any bonfire or rubbish fire or warming fire or authorize such fire to be kindled or maintained on any private land unless (1) the lo- cation is not less than 25 feet from any structure and ad equate provision is made to prevent fire from spreading to within 25 feet of any struc ture or (2) the fire is con tamed in an approyed waste burner located safely not less than 15 feet from any struc lure Bonfires rJbbish fires and warming fires shall not be located less than 25 feet from power poles and not under overhead transmission Ines Sec 11 101 (c) Atten dance of Open Fires Bon fires and rubbish fires and open field fires shall be con stantly attended by a compe ( tent person until such fire is extinguished This person shall have a garden hose connected to a water supply or other fire extinguishment equipment readily available for use Warming fires and campfires shall be under the constant observation of a 1 competent person and shall be extinguished one—hour prior to the evacuation of the site 11 Sec 11 101 (d) Field Fires Open field burning may be al lowed when in the opinion of the Chief such burning does not constitute a hazard Such burning shall be limited to two acres in area and shall be surrounded by an effec tive fire barrier as follows (1) Ten feet from roadways power poles and from other like areas (2) Twenty five feet from structures Such areas orwidths may be modified if in the opinion of the Chief they do not con stitute a distioct hazard to i life or property Sec 11 101 (e) Chief May Prohibit The Chief may pro- hibit outdoor fire when atmo- sutler c conditions or local circumstances make such fires l hazardous No person shall kindle any outdoor fire or authorize such fire to be kindled or maintained even if a permit has been issued when any of the following conditions --re in force (1) If th e wi nd velocity is above 10 n iils per hour or (2) If a tcfnperature tnver sion is pre$ent or air circula tion is insufficient to disperse smoke gases and fumes to the extent necessary to pro- tect public health It shail be the responsibility of the permittee to check the local conditions prior to burn trig by calling the phone num ber listed on the permit Sec 11 101 (f) All con trolled burning shall comply with the regulations of the Benton/Franklin/Walla Walla Counties Air Pollution Control Authority Sec 11 101 (g) Out of Control Fires/Costs In the event that the Pasco Fire De partment is called to control or extinguish any fire started under the authority of a per mit issued under this section the person to whom the per mit has been issued (permit tee) agrees by his or her acceptance of such permit to be responsible for payment - to the City of Pasco of its rea sonable costs for labor equipment fuel and matert als as determined by the Pasco Fire Chief It shall be unlawful for a permittee to fail to make payment of said costs to the City of Pasco within ninety (90) days of the mailing of written demand for said costs through the mail service of the U S Postal Service The conviction of any person for such failure shall constitute a misdemea nor Section Two Thts ordi- nance shall take effect on January 1 1983 following passage and publication PASSED this 20th day of December 1982 and ap- proved by the Mayor s-E A Snider Mayor ATTEST -s Evelyn Wells City Clerk APPROVED AS TO FORM -s-Greg Rubstello City Attorney Legal No 14225 Dec 24, 1982 'Prank 1 in. AFFIDAVIT OF PUBLICATION )ss nIGTON 3 G r aves , being first duly sworn on oath deposes is the Principal Clerk of the Tri-City Herald, That said newspaper is a legal newspaper and has been approved as a order of the superior court in the county in which it is published and been for more than six months prior to the date of the publication d to, published in the English language continually as a daily news- 141in County, now and during all of said time was printed in an office maintained lace of publication of said newspaper That the annexed is a true bgal advertisement Ord0 # 2422 the regular and entire issue of the Tri City Herald itself and not in a for a period of one time ancseaumudix, commencing , 19 82, and day of Deco day of , 19 , and that said ularly distributed to its subscribers during all of this period itof $ 155.10 has been paid in full, also at the rate of in.@ 6.60 = 155,10 )rn to before me this 28th day of Dec . ,19 82 Notary Public in and for the State of Washington, residing at Pasco Noticts Coutut;s7 110Ilsoo,,nhos181 :swots 9 Public Notices 2 Sipotsorowl Notices 4 on 13 1/1tonspod ott titiO YMU4I hoonoes 15 , Bob 18 16 19 0 *AP W ant*d 22 tp tflonsoti 2I Data Psnootsno,gssilsoing ;Sow ontodi:1 Inlotrosoic t: 1 teitIpm:pwast:todontz3 133 MItiod""icoa/100/0onneotoZtopvtnotio:3 , hoisssoelionop1 :00::ono Pairtiosti:14.4017:1; 4407 rt lone hod vino. _ lrosessiol: " 14.:730.:01:tzts,602,00:60,ss.. pouorviadbbd 67 sowillsorse.:60f.. town. vs. :16; Au citons 7 0 offs /2 "dos 11(1P , „ B: 08110 S 14 (a moms & Photos iupp Go 8 n 9 Gstovtacropuo9tos ils,1111:11, Guns A110010111040 VIOrati 11017n StilligS at Kovno Iropt000t000 s AFFIDAVIT OF PUBLICATION U n readable onginal COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis G r aves , being first duly sworn on oath deposes she Principal Clerk and says is the of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Fran4lin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2422 as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, for a period of one time ortswagomeglix, commencing on the 24th daya Decp ,19 82, and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 155.10 has been paid in full, also at the rate of 23i in.@ 6.60 = 155.10 Subscribed and sworn to before me this 28th day of Dec. ,19 82 e Notary Public in and for the State of Washington, residing at Pasco Ai at oJ an aat -40 ON ' -41A )1W1 Bului fiului pamaua, aq Aew Aaw awu yolLim 45 anss; o aisp 044 woij JeaA auo jo pouad a Jol pia.% aq um pus 6U1111M w aq ameluesa, wawuedao aaj a Aq 045 6u;Lunq eq , 40 uounads U ; 4461suo us Jo ienoidde uodn penss; aq 141AN spuued bulLung sAepliot4 uo Ida° xe Aspud LibnoJw AepuoiAj w d 009 pus we 008 JO amoti elu uaamiaq uosied FINANCE DEPARTMENT (5091 545-3401 Scan 726-3401 Firt 11:31 ...AV:. .21i7.1g51-MY," CITY of - P -0 BOX 293 412 WFST CLARK PASCO, WASHINGTON 99301 December 21, 1982 In City Herald P 0. Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date December 24, 1982 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew ate ,