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HomeMy WebLinkAbout2014-06-09 14-204 ORDINANCECOUNCIL ACTION Item No. 14-204 Date: June 9, 2014 Item/Subject: Ordinance, Amending Chapter 116 of the Code of the City of Bangor — Open Burning Responsible Department: Legal Commentary: Approval of this ordinance will amend Chapter 116 of the Code to delete the requirement for a "burn permit" for outdoor fireplaces, fire bowls, or chimineas for property owners; set forth the types of material that cannot be burned; and allow the Fire Department to determine an appropriate location for the fire pits that require a permit. The City of Bangor's current ordinances regulate all forms of open burning referred to as "bonfires or exposed fires" however; the current ordinance does not regulate the type of materials that can be burned or the fire's proximity to structures, trees, and other things that may be flammable. Many outdoor burning structures, such as outdoor fire places, fire bowls and chimineas are safe for fire. Others, such as campfires may not be. Smoke and fire, whether from a campfire or a fire bowl, fire place or chiminea, may create health and safety issues for citizens. Under this ordinance, the Fire Department could determine an appropriate location on the property in which the owner can burn. Finally, this ordinance will also increase the penalty for violations and allow the Fire Department to revoke a permit when appropriate. This item is referred to the June 16, 2014 Government Operations Committee meeting. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading X Referral Page _ of Department Head City Manager Finance Director r 11 Solicitor 14-204 JUNE 912014 AQ�'YC Assigned to Councilor Civiello CITY OF BANGOR � 4TEDF r ,a�aG (TITLE.) Ordinance, Amending Chapter 116 of the Code of the City of Bangor — Open Burning WHEREAS, the City of Bangor currently regulates open burning; and WHEREAS, open burning, if not done properly, can create health and safety hazards for the citizens of Bangor because of the fire and the smoke it generates; and WHEREAS, it is in the interest of the citizens of Bangor to have in place rules for recreational fires, such as fire pits, to ensure responsible and safe burning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, Chapter 116 of the Code of the City of Bangor is amended as follows: Article II.Open Burning §116-3. Bonfires or exposed fires. No person shall kindle, maintain or assist in maintaining any bonfire or other exposed fire within the city, excepting under written permission from the Fire Chief when such burning may be done in metallie reeeptacies appreved by the Fire Chief or under preper safeguards as he e she may direct as to Urne and weather eenditiens,, and sueh permission shall be eenditiened en the obligatien on the part of sueh pemen or persons te keep a suffleient mntml of said fire and dewn the hot ashes at the close ef said ., or his designee. No permit is mguired for outdoor fireplaces, portable fire bowls and Chimineas for properly owners or members of their household. Others are required to have a permit. All other recreational fires, so-called, such as campfires, shall require a permit. §116-4. Rules for open burning For any outdoor burning in an outdoor fireplace, portable fire bowl. Chiminea, or recreational fire, whether or not a permit is required, the person keeping the fire shall be subject to the following rules: ' a. A res noo sible person shall be present at all times. 'i. b. The smoke shall not be such as to create a public nuisance. IN CITY COUNCIL JUNE 9, 2014 FIRST READING AND REFERRAL TO GOVERNMENT OPERATIONS COMMITTEE MEETING OF JUNE 16, 2014 CITY CLERK IN CITY COUNCIL JUNE 23, 2014 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO AMEND BY SUBSTITUTION PASSED DOUG JOHNSTON OF 22 PEARL STREET TOLD THE COUNCIL THAT HE WAS HAVING AN ISSUE WITH A NEIGHBOR'S SMOKER WHICH WAS IN CLOSE PROXIMITY TO HIS HOME. COUNCILOR HEITMANN ADVISED MR. JOHNSTON TO SPEAK WITH THE FIRE DEPARTMENT TO SEE IF THIS COULD BE REMEDIED AND IF NOT, PERHAPS AN AMENDMENT TO THIS ORDINANCE WOULD BE IN ORDER. MOTION MADE AND SECONDED FOR PASSAGE AS AMENDED VOTE:9-0 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, CIVIELLO, DURGIN, GALLANT, GRAHAM, NEALLEY, PLOURDE, SPRAGUE • , , ice: � . , 14-204 JUNE 912014 c. A method of extinguishment. such as a fire extinguisher or garden hose. available at all times and all embers and hot ashes shall be extinguished and removed or wet down at the close of the fire. d. There shall be no outdoor burning if winds are greater than 15mph or the State Forest Division has classified the fire danger at a Class One or Class Two • - • • • • N • - • • • . �. - • •1•i. • • M"0.0 • • - • • - • •y. - • 1• - • • • - - . �• •1•�• f. For outdoor burning on public propgfy or private property belonging to another. the person responsible for the burning shall provide evidence that the appropriate government agency, properly owner, or properly owner's agent has given permission for the outdoor burning. f. Recreational fires shall be in a pit or fire ring less than 3 feet in diameter and with material piled less than 2 feet in height. g. Recreational fires shall be maintained a safe distance, as determined by the Fre Chief. or his designee, from combustible materials, including trees, decks. buildings, fences. awnings and property lines. §116-45. Burning of paint from buildings. No person shall use a gasoline blow torch or other open flame device for purposes of removing paint from any building or structure located in the City of Bangor. §116-5fi. Violations, penalties and revocation of permits. Whoever violates the provisions of the preceding sections of this article for which punishment is not provided for shall be punished by a fine of not less than $2598 for each offense. Each day shall constitute a separate offense. The Fire Chief of the City of Bangor Fire Degartment, or his designee. may deny an open bumina permit to -anyone who has violated any provision f the greceding sections of this article. If. in response to a complaint. a membeT-of the_Bangor Fire Department determines in his discretion that in the interest of public safety it is appropriate to revoke an open burning permit he may do so immediately. In such event. he shall notify the Fire Chief of the City of Bangor Fire Department and the Fire Chief, or his designee, shall review the revocation of the open burning permit and make a determination whether such revocation was appropriate. Additions are underlined deletions are struck