TOWN OF PINETOP-LAKESIDE
ORDINANCE NO. 00-183
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PINETOP-LAKESIDE ARIZONA, AMENDING TOWN CODE, CHAPTER 8.04, OPEN OUTDOOR BURNING, AND DECLARING AN EMERGENCY.
WHEREAS, the Town Council is concerned about the increased threat of both natural and human-caused fires in the Town of Pinetop-Lakeside due to the dry conditions, low humidity, windy conditions and high temperatures; and
WHEREAS, on June 1st, 2000, the Town Council issued a proclamation declaring that an emergency exists and providing fire and smoking restrictions until such time as the fire danger abates; and
WHEREAS, the United States Department of Agriculture, United States Forest Service, from time to time puts into effect certain fire and smoking restrictions by order pursuant to the Code of Federal Regulations, Title 38, Section 261.50; and
WHEREAS, the Town Council believes that the health, safety and welfare of residents and visitors to the Town will be better protected by placing similar restrictions on fires and smoking within the Town of Pinetop-Lakeside during periods when such fires and smoking are prohibited by the U.S. Forest Service.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona, as follows:
Section 1: Town Code, Chapter 8, Section 8.04.010 shall be deleted in its entirety and new Section 8.04.010 shall be inserted in its place, as follows:
8.04.010 Open outdoor burning.
It is unlawful to burn solid waste or other combustible materials of any nature out of doors within the Town of Pinetop-Lakeside as set forth in A.R.S., Title 49, Chapter 3, Article 2 and A.A.C., Title 18, Chapter 2, Article 6, as then amended, and as set forth in the Regulations promulgated by the Arizona Department of Environmental Quality. A person may only engage in open outdoor burning between the hours of 9:00 a.m. and 5:00 p.m. only when that person is in possession of a permit issued by the Arizona Department of Environmental Quality, the Control Officer of the county, district or region, or the applicable local Fire District, and only when the burning does not create a fire safety hazard to persons or property, and only when the burning does not produce dense or offensive smoke or nauseating or foul odors. In all cases, open outdoor burning shall be done under the continuous supervision of a person over the age of fourteen (14) years capable of exercising good judgment. No open outdoor burning shall be allowed at any time, and no permits shall be issued, when wind conditions exceed twenty (20) m.p.h. whether in gusts or steady wind. (Ord. 00-183 ' 1: Ord. 98-154 ' 5: Ord. 97-134 ' 1A)
Section 2: New Town Code Section 8.04.020 shall be inserted and current Sections 8.04.020 and 8.04.030 shall be renumbered as 8.04.030 and 8.04.040 respectively. Section 8.04.020 shall read as follows:
8.04.020 Additional burning restrictions.
In addition to the fire and burning restrictions set forth in Section 8.04.010, above, no smoking, and no open outdoor fires or burning shall be allowed at any time, and no permits may be issued, when there is in effect an order issued by the United States Department of Agriculture, United States Forest Service, pursuant to the Code of Federal Regulations, Title 38, Section 261.50, restricting or prohibiting open fires within a National Forest or other property under the control of the U.S. Forest Service which is located wholly or partly within the boundaries of the Town of Pinetop-Lakeside. When these restrictions and prohibitions are in effect, all persons are prohibited from smoking of tobacco or other products except on private property, within an enclosed vehicle or building where smoking is allowed, within a developed recreation site where smoking is allowed, or within areas which are at least three(3) feet in diameter that are barren or cleared of all flammable materials, i.e. parking lots, open dirt areas, etc. Persons who are requested by law enforcement officers or fire department personnel to extinguish fires or smoking materials and who fail to do so shall be in violation of this Section.
(Ord. 00-183 ' 2)
Section 3: This adopting Ordinance shall be cited at the end of Section 8.04.010 and 8.04.020.
Section 4: For the preservation of the public peace, health and safety of the Town of Pinetop-Lakeside, Arizona, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its adoption by the Town Council for the Town of Pinetop-Lakeside and its approval by the Mayor thereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona, by a vote of ___ ayes and ___ nays, this 15th day of June, 2000.
/s/ GINNY HANDORF, Mayor
/s/ LESLEE M. WESSEL, Town Clerk
APPROVED AS TO FORM:
/s/ JACK BARKER, Town Attorney