4. Ordinance/burning ban - Laserfiche WebLink

1.1 1.2 2.1 2.2 2.3 2.4 2.5 PROPOSED CASS COUNTY ORDINANCE TEMPORARY OPEN BURNING BAN AND NOTICE REQUIREMENT OF OPEN FIRES Section 1 GENERAL PROVISIONS The purpose of this Ordinance is to promote and enhance the public health, safety, comfort, and the general welfare of Cass County, North Dakota; to provide for a countywide ban of open fires when local fire officials in Cass County determine conditions to be unsafe for open fires; and to avoid, minimize, and reduce unnecessary costs and expenses incurred by local fire departments in Cass County from responding to reports of open fires. In the interpretation and application of this Ordinance, all provisions shall be liberally construed in favor of the governing body and deemed neither to limit, supersede, or contravene any other North Dakota state statute or regulation regarding open burning, including, but not limited to, Chapter 23-29 (Solid Waste Management and Land Protection Act) and 37-17.1 (North Dakota Disaster Act) of the North Dakota Century Code and Chapter 33-15-04 (Open Burning Restrictions) of the North Dakota Administrative Code. Section 2 DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. An "open burninQ ban" means no person shall initiate, cause, conduct, or permit open fires. An "open fire" means those types of permissible burning specifically authorized under Subsection 1 of Section 33-15-04-02 of the North Dakota Administrative Code; except for (1) fires in open containers not less than 15 feet from a structure and (2) ceremonial fires with a total fuel area of 3 feet or less in diameter and 2 feet or less in height. "Temporary" means for a period of time no longer than thirty (30) days. "Willfully" means a person engages in the conduct intentionally, knowingly, or recklessly. A person engages in conduct: A. "Intentionally" if, when he engages in the conduct, it is his purpose to do so.