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<br />CASS COUNTY <br />COMMISSION POLICY MANUAL <br /> <br />38.-- <br /> <br />SUBJECT: ORDINANCE #2005-_ (TEMPORARY OPEN BURNING BAN) <br /> <br />ADOPTED DATE: <br /> <br />Page 1 of 4 <br /> <br />CASS COUNTY <br />TEMPORARY OPEN BURNING BAN <br />ORDINANCE #2005- <br /> <br />Section 1 <br /> <br />GENERAL PROVISIONS <br /> <br />1.1 The purpose of this Ordinance is to promote and enhance the public health, safety, <br />comfort, and the general welfare of Cass County, North Dakota; and to provide for a <br />countywide ban of open fires when local fire officials in Cass County determine <br />conditions to be unsafe for open fires. <br /> <br />1.2 In the interpretation and application of this Ordinance, all provisions shall be liberally <br />construed in favor of the governing body and deemed neither to limit, supersede, or <br />contravene any other North Dakota state statute or regulation regarding open burning, <br />including, but not limited to, Chapter 23-29 (Solid Waste Management and Land <br />Protection Act) and 37-17.1 (North Dakota Disaster Act) of the North Dakota Century <br />Code and Chapter 33-15-04 (Open Burning Restrictions) of the North Dakota <br />Administrative Code. <br /> <br />Section 2 <br /> <br />DEFINITIONS <br /> <br />2.1 Unless specifically defined below, words or phrases used in this Ordinance shall be <br />interpreted so as to give them the meaning they have in common usage and to give this <br />Ordinance its most reasonable application. <br /> <br />2.2 An "open burninQ ban" means no person shall initiate, cause, conduct, or permit open <br />fires. <br /> <br />2.3 An "open fire" means those types of permissible burning specifically authorized under <br />Subsection 1 of Section 33-15-04-02 of the North Dakota Administrative Code; except <br />for (1) fires in open containers not less than 15 feet from a structure and (2) ceremonial <br />fires with a total fuel area of 3 feet or less in diameter and 2 feet or less in height. <br /> <br />2.4 "Temporary" means for a period of time no longer than thirty (30) days. <br />