07-18-2005 - Laserfiche WebLink

Commission Minutes--July 18, 2005 2927 7. ORDINANCE #2005-3, Second readinaladoption, open burnina ban Birch Burdick, State's Attorney, said today was advertised for the second reading of an ordinance on an open burning ban for Cass County. He introduced Jonathan Anderson, Assistant State's Attorney, who drafted the ordinance. Mr. Anderson reviewed the ordinance and the process of issuing a burning ban. He said Section 4.1 on notification of fires was omitted after the first reading. He said the ordinance provides a mechanism for fire officials and the sheriff's department to issue burning bans during times when the potential for dangerous fires is great, such as in early spring. Mr. Bennett discussed Section 5.00 on penalties. He is concerned about fairness and feels the first offense should be the first time someone is caught burning during a ban. Mr. Anderson referred to language in the animal control ordinance which states that each twenty-four hours a violation occurs will be considered a separate offense and can be cited as such and said this could be implemented into the burning ordinance. Roy Schachtschneider, West Fargo Fire Chief, was present. He supports the ordinance because a mechanism will be in place to issue a ban; however, he feels the notification clause should be reconsidered. He said when a call is made to report a fire in the rural area, his department has to respond. Many times the fires are controlled burns and if a notice was given, responders would know ahead of time that it was not an emergency. He said unnecessary emergency calls that are made become an issue because of vehicle wear and tear, increased fuel costs and staff time involved. Mr. Bennett said concerns with the notification process were in regard to the twenty-four hour requirement prior to starting an open fire. He suggested a notice be given right before the start of a burn rather than twenty-four hours ahead of time. Mr. Burdick said as long as notification is given, he does not believe a time frame is needed. MOTION, passed Mr. Wagner moved and Mr. Bennett seconded to reinstate Section 4.1, excluding the timeframe requirement for notification of a controlled burn. Discussion: Mrs. Sorum said the public needs to be informed of the burning ban ordinance. Mr. Bennett said maybe a notice could be sent with Cass County Electric bills. Mr. Wagner suggested a notice be sent to local township officials. On roll call vote, the motion carried unanimously. MOTION, passed Mr. Wagner moved and Mrs. Sorum seconded to adopt the Cass County Temporary Open Burning Ban Ordinance to promote and enhance public health, safety, comfort and general welfare of Cass County, North Dakota, and to provide for a countywide ban of open fires when local fire officials and the Cass County Sheriff's Department determine conditions to be unsafe for open fires. On roll call vote, the motion carried unanimously. 8. EXTENSION SERVICE, ReQuest for support to reassian duties of aaentlchair position Mr. Duane Hauck, Director of NDSU Extension Service, was present. He is requesting County Extension Agent Brad Cogdill to assume the role of Chair at the Center for 4-H Youth Development.