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
ATTEST:
/s/ LESLEE M. WESSEL, Town Clerk
APPROVED AS TO FORM:
/s/ JACK BARKER, Town Attorney