ORDINANCE NO. 370

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON PROHIBITING OUTDOOR FIRES EXCEPT AS ALLOWED UNDER THE PUGET SOUND AIR POLLUTION CONTROL AGENCIES REGULATIONS FOR OUTDOOR FIRES, SECTION 8.06, SETTING FORTH PENALTIES FOR VIOLATIONS.

Whereas, burning is controlled by Puget Sound Air Pollution Control Agency (PSAPCA), and

Whereas, PSAPCA has established a prohibition for any person to cause or allow any outdoor fire, and

Whereas, PSAPCA prohibition of outdoor fires is 'contained within PSAPCA Regulations for Outdoor Fires, Section 8.02, which include, but are not limited to during a period of impaired air quality or containing garbage etc, and

Whereas, PSAPCA has established rules on allowable outdoor fires appearing at Section 8.06, and

Whereas, for the purposes of enforcing the PSAPCA regulations the Town has promagated this ordinance which provides for penalties, and

Whereas, if there is a conflict between enforcement by PSAPCA or the Town, PSAPCA shall prevail.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: Outdoor fires are prohibited in the Town of South Prairie as defined in PSAPCA Regulations for Outdoor Fires, Section 8.02 which is incorporated by reference as if set out in full except as to allowable outdoor fires as set forth in PSAPCA Regulations for Outdoor Fires, Section 8.06 which is incorporated by reference as if set out in full.

Section 2: That a copy of the PSAPCA Regulations for Outdoor Fires is attached hereto and incorporated by reference. That a copy is available for public viewing during normal business hours.

Section 3: That a violation of this ordinance shall constitute a misdemeanor.

Section 4:_, If any provision of this ordinance or the PSAPCA Regulations for Outdoor Fires incorporated by reference are determined to be invalid or unenforceable for any reason, the remaining provisions of this ordinance and the PSAPCA Regulations for Outdoor Fires shall remain in force and effect.

Section 5: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

Section 6: That the Town Clerk is hereby directed to forward a copy of this ordinance to PSAPCA.

Section 8.02 Prohibited Outdoor Fires

It shall be unlawful for any person to cause or allow any outdoor fire:

(a) During any period of impaired air quality; or

(b) Containing garbage, dead animals, asphalt, petroleum products (except for training as provided in Sections 8.07 and 8.08), paints, rubber products, plastics or any substance other than natural vegetation which normally emits dense smoke or obnoxious odors.

Section 8.03 Residential and Land-Clearing Fires

(a) It shall be unlawful for any person to cause or allow any residential or land-clearing fire within the Urban Growth Areas as defined by RCW 36.70A.030 for Snohomish, King, and Pierce Counties. In addition, after December 31, 2000, it shall be unlawful for any person to cause or allow any residential or land-clearing fire within the Urban Growth Area as defined by RCW 36.70A.030 for Kitsap County.

(b) It shall be unlawful for any person to cause or allow any residential or land-clearing fire in any area outside the Urban Growth Area where the Board of Fire Commissioners for a fire district or the County Council has adopted an ordinance or resolution requesting that the Agency prohibit residential or land-clearing fires. In adopting such an ordinance or resolution, the Board of Fire Commissioners for a fire district or the County Council should consider the population density in the area and the availability of reasonably economical alternatives to outdoor burning.

(c) Residential and land-clearing fires are allowed in areas other than those described in Sections 8.03(a) and (b), except that it shall be unlawful for any person to cause or allow any residential or land-clearing fire in any area where the applicable fire district does not issue permits for outdoor fires.

Section 8.04 General Conditions for Outdoor Fires

(a) The provisions of Sections 9.05 and 9.15 of Regulation I shall not apply to outdoor fires.

(b) Nothing contained in Article 8 shall be construed to allow outdoor fires in those areas in which open burning is prohibited by laws, ordinances, or regulations of the state or any city, county, or fire district.

(c) Nothing contained in Article 8 shall relieve the applicant from obtaining permits required by any state or local fire protection agency or from compliance with the Uniform Fire Code.

Section 8.06 Allowable Outdoor Fires

The following types of outdoor fires are allowed throughout King, Pierce, Kitsap, and Snohomish counties (including Urban Growth Areas), except during periods of impaired air quality:

(a) Fires for abating a forest fire hazard, to prevent a hazard, for instruction of public officials in methods of forest fire *fighting, any silvicultural operation to improve forest lands, and silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas, provided prior written approval has been issued by the Washington Department of Natural Resources;

(b) Fires no larger than 4 feet in diameter and 3 feet in height consisting of wood used solely for the preparation of food. (The use of gas or charcoal barbecues is allowed at all times, including periods of impaired air quality.);

(c) Fires no larger than 4 feet in diameter and 3 feet in height for campfires at designated federal, state, county, or city park and recreation areas;

(d) Fires for Indian ceremonies or for the sending of smoke signals if part of a religious ritual;

(e) Fires for abating a fire hazard or a public health or safety hazard, provided a fire protection agency, city, or county has determined that no reasonable alternative is available to abate the hazard and prior written approval has been issued to the fire protection agency, city, or county by the Control Officer;

(f) Fires for disposing of storm or flood-related natural vegetation, provided a fire protection agency, city, or county has made a determination that no reasonable alternative is available to dispose of the natural vegetation and prior written approval has been issued to the fire protection agency, city, or county by the Control Officer;

(g) Fires associated with commercial agricultural operations, provided prior written approval has been issued by the Control Officer in accordance with Section 8.05 of this regulation; and

(h) Fires for instruction in the methods of fighting fires, provided the person(s) conducting the training fire complies with the requirements of Sections 8.07 and 8.08 of this regulation.