Ordinance would add penalties to burn ban

Washington County’s burn ban is basically voluntary and county law enforcement lacks enforcement authority to cite offenders, officials said.

 County commissioners recently took up the potentially hot topic of a burn ban ordinance that contains misdemeanor penalties for violators. 

 An ordinance would legally bolster the existing burn ban that was done by resolution and does not contain punative provisions. 

 The issue came up after sheriff Matt Thomas said there were incidents this summer where people were burning outdoors during the burn ban. All the sheriff’s department could do was tell the offenders to put out the fire.

 “That is all I’m looking for is some way to enforce a burn ban with a penalty,” Thomas said.

 The maximum penalty the county could impose would be a misdemeanor citation with a fine of up to $1,000 and six months in jail, prosecuting attorney Delton Walker said.

 Washington County could model a burn ban ordinance on one that is in place in Boise County. Local officials reviewed it but have not drafted any language for a Washington County ordinance yet.

 Boise County adopted the “Outdoor Burning Ordinance” in 2017, replacing a prior ordinance. It defines a “closed county season” for burning from July 1 to Oct. 20 of each year, “unless otherwise adjusted by the board of county commissioners by resolution.” Violators of the ordinance can be cited for a misdemeanor.  

 “There is definitely a need to have something,” commission chairman Kirk Chandler said.

 Commissioner Nate Marvin said he was in favor of a burn ban ordinance with penalties as long as agriculture burning, which is handled by the state ag department, is still permitted.

 Marvin served as the fire chief for the Weiser Area Rural Fire District for more than 20 years. He said the department never had any issues with field burning by farmers. 

 They are permitted through the state and must have water supply and people watching the fire.

 “I think there needs to be a clause for ag burning,” he said.

 Once approved, the countywide burn ban ordinance would allow county commissioners, in consultation with local fire districts, to set the dates of the burn ban every year, depending on conditions. 

 If the fire danger is extreme early in the year, the burn ban could be enacted earlier. Typically, a burn ban is issued by the Weiser rural fire district around July 4th.

 A burn ban prohibits any and all open burning, including the use of burn barrels. No recreational burning or firepits are allowed.

 A countywide burn ban would require some coordination. There are three fire districts in the county and they do not issue burn bans at the same time. The Midvale Fire District follows the state lands timeline on burning. Weiser rural fire district sets its own burn ban dates.

 A countywide burn ban would require a start date and an end date that all three districts agree on, officials said.

 Weiser rural fire chief Tim Atwood said he was OK with doing a burn ban by ordinance. The fire districts in Midvale and Cambridge and Forest Service would need to see a draft copy. 

 The county would have to hold a public hearing before a burn ban ordinance with penalties could be approved.