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
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(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
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• • - • • - • •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