NO. 2015-R3_
EFFECTIVE DATE: January 12, 2015
A RESOLUTION PROVIDING FOR THE DEFINITION AND PROHIBITION OF CERTAIN OPEN BURNING WHEN DEEMED TO BE INJURIOUS TO THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; DEFINING VIOLATIONS AND PROVIDING PENALTIES THEREFORE.
WHEREAS, the Board of County Commissioners of Kingman County, Kansas wishes to provide for the protection of the inhabitants of Kingman County by defining and providing for the prohibition of opening burning, as defined herein, at certain times which will be injurious to the health, safety and welfare of the inhabitants within Kingman County and to provide penalties for the defined violations.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF KINGMAN COUNTY, KANSAS, that:
SECTION ONE: Definitions
The following words, terms and phrases, when used in this Resolution, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words in the singular include the plural and the plural the singular. Words in the masculine gender include the feminine and the feminine the masculine:
(a) Agricultural activities means the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products or for the purpose of raising livestock, poultry, or dairy products.
(b) Board means the Board of County Commissioners of the County.
(c) Burn Ban means a general prohibition against open burning imposed, by the Board pursuant to the terms of this Resolution.
(d) Controlled Burn means any burn that is associated with agricultural activities, including but not limited to, burning pasture land, grassland, woodland, or stubble and is conducted in accordance with the Open Burning Rules and Regulations.
(e) County means Kingman County, Kansas exclusive of property located within the corporate limits of any city within the County.
(f) Open Burning means any burning including, but not limited to, the burning of fields, stubble, trash, debris, vegetation, residential trash, or other matter, other than burning in a safe and fire-proof container with cover sufficient to prevent embers from escaping.
(g) Open Burning Restrictions means limitations on open burning imposed by the Board pursuant to this Resolution
(h) Open Burning Rules and Regulations means the rules and regulations attached hereto as Exhibit 1 and incorporated herein by reference.
SECTION TWO: Activities or conditions prohibited, enumeration.
(a) It is unlawful for any person to initiate, engage in, or permit Open Burning, including but not limited to Controlled Burns, when a Burn Ban is in effect.
(b) It is unlawful for any person to initiate, engage in, or permit Open Burning at such times as Open Burning Restrictions are in effect except pursuant to the terms of this Resolution including but not limited to the Open Burning Rules and Regulations set forth in Exhibit 1.
(c) It is unlawful to initiate Open Burning at such times as the wind speed is in excess of 15 miles per hour.
SECTION THREE. Enforcement and penalties.
(a) This Resolution is enforceable under the Code for the Enforcement of County Codes and Resolutions, K.S.A. 19-4701, et seq. Any law enforcement officer being duly authorized and having jurisdiction in the county may issue a uniform complaint and notice to appear in district court to any person violating any provision of this Resolution.
(b) Violations of this Resolution are punishable by a maximum fine of $2,500.00 and a maximum sentence in the County Jail of six (6) months, or both.
(c) In addition to the penalties provided in this section, any person convicted under this Resolution shall be required to reimburse any governmental entity for fire-fighting costs in accordance with “Exhibit 2
SECTION FOUR. Procedure for Initiating Burn Ban
(a) The Board may authorize a Burn Ban or Open Burning Restrictions under the following terms and conditions:
(1) The Board may, by majority vote, impose a Burn Ban for periods of time not to exceed fourteen (14) days. Said prohibition may be extended for successive periods of time not to exceed fourteen (14) days for each extension as determined by the Board.
(2) The Board may, by majority vote, impose Open Burning Restrictions for periods of time not to exceed fourteen (14) days. Said Open Burning Restrictions may be extended for periods of time not to exceed fourteen (14) days for each extension as determined by the Board. Open Burning Restrictions may include but are not limited to:
(a) Permitting Open Burning only at such times that wind velocity is than 15 miles per hour or less;
(b) Limiting Open Burning to approved containers;
(c) Permitting Open Burning only under conditions prescribed by the Board to
limit the potential spread of fire;
(d) Permitting Open Burning only at such times, at such places and under such conditions as may be approved in writing by the fire chief of the particular fire department or fire district within which the proposed Burning may occur.
SECTION FIVE. Notice provisions:
(a) At such times as a Burn Ban or Open Burning Restrictions are imposed pursuant to this Resolution, it shall be the duty of the Kingman County Clerk to give notice thereof to the following in such reasonable manner as the County Clerk shall approve:
(1) The County Sheriff and municipal law enforcement agencies in the County;
(2) local newspapers published in Kingman County;
(3) Local and regional radio stations;
(4) Regional television stations;
(5) Current Holders of Burn Permits.
(b) Notice of any Burn Ban or Open Burning Restrictions also shall be posted by the County Clerk on the County’s intemet web site and in ail Kingman County-owned buildings and facilities.
SECTION SIX. Requirements for Opening Burning:
(a) Prior to initiating, engaging in, or permitting Open Burning at such times as Open Burning is permitted under the terms of this Resolution, the following requirements shall be met:
(1) A Burn Permit shall be obtained from the office of the Kingman County Clerk, the Kingman County Director of Emergency Management, or such other person or entity as may be designated by the Board of County Commissioners.
(a) Said Burn Permit shall be valid from the date of issuance through December 31 of the year in which the Burn Permit is issued.
(b) A copy of the Open Burning Rules and Regulations approved by the Board shall be provided to each applicant for a Burn Permit and shall be deemed to be a part of each Burn Permit.
(2) The holder of a Burn Permit shall notify the County’s Emergency Dispatcher of the time and location of any Open Burning at least one hour before the commencement of such Open Burning. The Emergency Dispatcher shall in tum notify officials of any Fire Department or Fire District with jurisdiction over the site of the intended Open Burning..
(3) The holder of the Burn Permit shall notify the County’s Emergency Dispatcher upon completion of the scheduled Open Burning.
(4) The Emergency Dispatcher shall inform the Burn Permit holder that it is unlawful to initiate Open Burning when wind speeds are greater than 15 miles per hour.
(5) Initiating, engaging, or permitting Open Burning in violation of this Section shall be considered a violation of this Resolution.
(b) This provision of this Resolution relating to Open Burning shall not apply to the following:
(1) Barbeques and cooking fires;
(2) Burning household trash in a fire proof container in which the items being burned will remain enclosed (i.e., trash barrel or other enclosed receptacle).
(c) The Board is authorized to adopt such rules and regulations regarding as the Board shall determine to be necessary or desirable for the purpose of implementing and carrying our the intent and purposes of this Resolution.
(d) A copy of this Resolution and any regulations adopted pursuant to this Resolution shall be available in the office of the Kingman County Clerk.
SECTION SEVEN. Adoption of Rules and Regulations.
A copy of the Open Burning Rules and Regulations are attached hereto as Exhibit 1. Such Rules and Regulations are adopted as the Open Burning Rules and Regulations pursuant to this Resolution. Said Rules and Regulations may be amended from time to time at the discretion of the Board of Kingman County Commissioners.
SECTION EIGHT. Savings clause.
If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The Board of County Commissioners declares that it would have adopted this Article and each section, subsection, sentence, clause, phrase, or portion thereof, despite the fact that any one or more section, subsection, sentence, clause, phrase, or portion thereof would be declared invalid or unconstitutional.
SECTION NINE. Other remedies unaffected.
Nothing in this Article shall be construed to limit or forbid the County or any other parser from pursuing any other remedies available at law or in equity to enforce the provisions of this Resolution.
SECTION TEN. Repeal of Prior Resolution.
Kingman County Resolution 2011-75, as amended. is hereby repealed.
SECTION ELEVEN. Publication.
The Kingman County Clerk is directed to publish this Resolution one time in the official county newspaper.
SECTION TWELVE. Effective Date
This Resolution shall take effect and be in force from and after its passage and adoptior- and its publication one time in the official newspaper of the County (the “Effective Date”)
Passed and adopted this 12th day of January, 2015.
BOARD OF COUNTY COMMISSIONERS OF KINGMAN COUNTY, KANSAS
Fred Foley, Chairman Carol Voran, Commissioner John Steffen, Commissioner
ATTEST:
Carol Noblit, County Clerk
APPROVED AS TO FORM:
John E. Caton
County Counselor
Open Burning Resolution
2015-R3
EXHIBIT 1
OPEN BURNING RULES AND REGULATIONS
1. Open burning may be conducted only by individuals who are in legal control of the lot or parcel of land on which the burning will take place, or such person’s authorized agent.
2. Burning will be attended continuously by a competent person of legal age, from the time of ignition until the time of extinguishment. The person responsible of any open burning must have a valid Burn Permit in their possession.
3. Open burning is not permitted when the wind speed exceeds 15 miles per hour.
4. Open burning shall not create a smoke nuisance or hazard to neighboring properties or roadways. Precautions shall be taken to ensure confinement, and limit the intensity of said burn.
5. A garden hose or other fire extinguishing equipment shall be available and in operating condition at the burn location.
6. No open burning is allowed in the same mile section as, or directly across the road from an active emergency fire scene, until the fire at the emergency fire scene has been extinguished and all fire apparatus, equipment, and personnel have left the scene.
7. Burning of certain materials is prohibited. Burning to dispose of any fossil-fuel or petrochemical based product or chemically-treated materials is strictly prohibited. Examples of such products and materials include, but are not limited to, tires, plastics goods and materials, asphalt or fiberglass-based roofing, tar paper, furniture that is stuffed with or contains foam rubber, mattresses, and treated lumber. Burning of materials containing asbestos and animal waste is also prohibited. This provision does not prohibit the reasonable use of fuels such as kerosene and diesel fuel as accelerants for the purpose of starting an open burn. Questions regarding materials that may and may not be burned in Kingman County may be directed to the local Fire Department or the Kingman County Emergency Management Director.
8. FOR NON-FIELD TYPE FIRES: Adequate clearance shall be provided from all combustibles and at least 100 feet from any structure and 10 feet from any property line.
9. FOR FIELD TYPE FIRES: There shall be a fire break (plowed, disked, or mowed) at least 25 feet wide on all sides of the area to be burned. For guidelines on burning CRP, please check on the current regulations with the local FSA office. However, CRP shall not be burned if wind speed exceeds15 miles per hour.
10. Open burning privileges may be temporarily suspended if the resources of the Fire Services in a given area are committed. Open Burning may resume when adequate Fire Service resources are again available to respond. The Fire Chief of any fire department having jurisdiction over a particular area or district may order such suspension.
11. The Kingman County Burn Permit is subject to all requirements and restrictions of Kingman County Resolution 2013-126.
12. Open burning also is subject to all other applicable federal, state and local laws, rules and regulations.
Persons who violate the provisions of the Resolutions approved by the Board of County Commissioners of Kingman County or these Open Burning Rules and Regulations approved by the Board shall be required to reimburse the provider of fire services response at a rate of $165 per hour for each fire truck or other required fire service response equipment.