4. Ordinance/burning ban - Laserfiche WebLink

3.1 3.2 3.3 B. "Knowingly" if, when he engages in the conduct, he knows or has a firm belief, unaccompanied by substantial doubt, that he is doing so, whether or not it is his purpose to do so. C. "Recklessly" if he engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct, except that, as provided in Section 12.1-04-02 of the North Dakota Century Code, awareness of the risk is not required where its absence is due to self-induced intoxication. Negligent conduct does not constitute willful conduct for the purpose of this Ordinance. Section 3 AUTHORIZATION FOR CASS COUNTY SHERIFF TO ORDER TEMPORARY COUNTYWIDE OPEN BURNING BAN General Rule. Subject to the prerequisites under Section 3.2, the Sheriff of Cass County shall have the authority and power to order a temporary countywide open burning ban. A. Each order imposed under this Ordinance shall state what conditions warrant such an open burning ban and the procedures used to enforce such an open burning ban. B. Each order imposed under this Ordinance shall require notice to the general public prior to the imposition of said order. Prerequisites. Prior to imposing an open burning ban under this Ordinance, the Sheriff of Cass County must consult with local fire officials from various sections of Cass County on whether conditions are unsafe for open fires and must receive a request for an open burning ban from local fire officials from various sections of Cass County who have determined conditions to be unsafe for open fires. Duration. Any open burning ban imposed under this Ordinance shall remain in effect for no longer than thirty (30) days. The Sheriff of Cass County may extend or rescind the open burning ban if necessary and after consultation with local fire officials from various sections of Cass County and two members of the Cass County Commission, with one of the two members being either the Chairman, Vice Chairman, or the portfolio commissioner for the Sheriff's Department.