Burn Ordinance Definition
4.07.010 DEFINITIONS:
OPEN BURNING: Igniting or maintaining a fire outside of an enclosed building, dwelling structure, or completely enclosed heating or cooking appliance, which shall be defined as, but not limited to, any open burning, including but not limited to campfires, warming fires, bonfires, charcoal grill fires, fused explosives, out-of-season ground fireworks (i.e. “firecrackers” or “roman candles”), as defined by Idaho Code Chapter 39, Chapter 26 – Fireworks (current or amended); any special or aerial fireworks (i.e. “bottle rockets”, as defined by I.C. § 39.2602 (current or amended), firing of model rockets; exposure to flame of any flammable, inflammable, combustible, or explosive material or container (i.e. propane tanks, batteries, tires, of homemade explosives), wild lands, or trash and debris; or shall not apply to commercial fireworks permitted by I.C. § 39-2605, in season fireworks as permitted by I.C. § 39 2606.
UNCONTROLLED: Any open burning that is out of control; any open burning which is not burning within the confines of cleared firebreaks; any open burning that cannot be suppressed or extinguished with the resources or ordinary tools commonly available to the responsible party or where the uncontrolled state of an open burning may result from any intentional, negligent, or accidental circumstances.
UNATTENDED: Any open burning with a lack of supervision, abandonment, or failure to use reasonable and proper fire management precautions and any failure to completely and fully extinguish all flames, embers, coals, sparks, or hot spots such that they cannot reignite.
FIRE PIT: An excavation of approximately sixteen (16 inches in depth in the ground, surrounded with rocks, stones, bricks, or other non-flammable objects, that protrude at least six (6) inches above the undisturbed ground level. Any fire pit must also have a ten (10) foot diameter of cleared space around said fire pit that is free of all combustible materials (typically graveled or bare dirt), along with shovel, for the purpose of fire suppression or extinguishing said fire.
4.07.020 DEFINITIONS:
Any expenses incurred by the County, and fire district or other governmental entity, while combating, suppressing, and/or extinguishing any fire resulting from a violation of this chapter, shall be assessed to, and borne by any responsible person(s). Nothing in this chapter shall be construed to limit any expense, penalty, or liability assessed by any other local, state, or federal agency, nor will it prevent any civil or legal remedy.
This chapter shall not apply to other permitted agricultural purposes, burns permitted or licensed by other local, state, or federal governmental agencies of competent jurisdiction, and when engaged in by any employee, contractor, or agent of any local, state, or federal governmental agency in the course of performance of their official duties or employment Nothing in this chapter or any permit lawfully obtained shall exempt any person from acting in compliance with and any other local, state, or federal law, regulation, or ordinance.
The provisions of this chapter may be enforced by the Sheriff’ Office of Fremont County, well other peace officers whose jurisdiction lies within Fremont County, Idaho. In addition, the Sheriffs Office, and/or other peace officer stated above, is authorized to extinguish, or cause to be extinguished, any fire in violation of this chapter. Nothing in this chapter limits or prevents restitution, or any civil or legal action to recover the costs of extinguishing said fire.
The penalty for a violation of this chapter shall be classified as a misdemeanor, with a fine of not more than one thousand dollars ($1,000), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.
For more information on the permit process, citizens are encouraged to contact the Fremont County Fire Marshal.
