RESOLUTION NO. 242 - Burn Ban

A RESOLUTION AMENDING THE OPEN BURNING REGULATIONS FOR THE CITY OF MEADE, KANSAS, AND NOTICE REQUIREMENTS.

WHEREAS, Ordinance 622 and Kansas Administrative Regulations (K.A.R.) 28-19-645, prohibits the burning of any wastes, structures, vegetation, or any other materials on any premises, except as authorized by K.A.R. 28-19-647;

WHEREAS, K.A.R. 28-19-647, defines certain exceptions to the prohibition on open burnings;

AND WHEREAS, it has been determined that the failure to notify Meade City Fire Department and/or Meade County Sheriff’s Department prior to open burning, creates a significant potential for danger to persons and property;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEADE, KANSAS, AS FOLLOWS:

Section 1. Notice Prior to Open Burning. No person or persons shall conduct any open burning within the city limits of Meade, Kansas, without first having notified the Meade County Sheriff’s Department of such intention to burn, and location of the intended burn and the approximate times the burn will begin and end.

Section 2. Guidelines for Burning. There shall be no:

a. Burning on overcast or foggy days;

b. Burning after dark;

c. Unsupervised burning. Burning must be supervised at all times until the fire is out and/or all burnable material has been burned or properly extinguished.

d. Smoke from burning creating a traffic hazard.

e. Burning without prior notice of 24 hours provided to any and all adjoining properties.

f. The violation of any provision of this Section shall be punished by a fine of not more than one thousand dollars ($1000), or by imprisonment for a period not exceeding six (6) months, or by both fine and imprisonment, at the discretion of the court.

Section 3. Regulations Regarding Burning.

a. Person or persons desiring to burn shall call Meade County Sheriff’s Department a minimum of 24 hours prior to burn, and shall advise the Meade County Sheriff’s Department of the burn location, starting time and ending.

b. Fire shall only be allowed when the Fire Index Range is low, moderate or high.

c. No burning allowed when the Fire Index Ratings are VERY HIGH OR EXTREME.

d. Wind speeds must not exceed fifteen (15) mph;

e. Person or persons are required to notify Meade County Sheriff’s Office when the controlled burn is completed.

f. While the Meade County Sheriff’s Department shall receive notice of the burn by the person or persons desiring to burn, the Meade County Sheriff’s Department and/or Meade City Fire Department may only advise as to the current weather conditions. It should be advised that the Meade County Sheriff’s Department, and Meade City Fire Department are only providing advice as to the current weather and/or fire index rating conditions and do not assume any risk regarding person or persons starting fires in violation of this Resolution or any accidents that may occur.

g. The violation of any provision of this Section shall be punished by a fine of not more than one thousand dollars ($1000), or by imprisonment for a period not exceeding six (6) months, or by both fine and imprisonment, at the discretion of the court.

Section 4. Necessitated Response of Meade City Fire Department.

A. When the Meade City Fire Department is required to respond to extinguish a fire which was properly called in to the Meade County Sheriff’s Department, but violated the safety conditions set out above, the person responsible for the burn shall be subject to the following monetary charges by the Meade City Fire Department:

1. Reimbursement of $200.00 per hour, per vehicle responding the call;

2. Reimbursement of $20.00 per hour, per fire fighter responding to the call; and

3. Any and all reasonable expenses associated with public and private vehicles requested by the Fire Department in extinguishing said fire.

B. When the Meade City Fire Department is required to respond to extinguish a fire which was not properly called into the Meade County Sheriff’s Department and/or violated the safety conditions set out above, the person responsible for the burn shall be subject to the following penalties:

1. Reimbursement of $200.00 per hour, per vehicle responding the call;

2. Reimbursement of $20.00 per hour, per fire fighter responding to the call; and

3. Any and all reasonable expenses associated with public and private vehicles requested by the Fire Department in extinguishing said fire; or

4. Failure to give proper notice to the Meade County Sheriff’s Department may be deemed a violation of the Resolution and turned over to the Meade City Attorney for prosecution as a misdemeanor offense punishable by a fine not to exceed $500.00 or confinement in the Meade County Jail for a period of time not to exceed one (1) month, or both.

Section 5. Burn Ban. From time to time, depending on low moisture conditions, the Meade City Council, the Meade City Fire Department, and/or the State of Kansas, may impose a citywide and/or statewide burn ban affecting the city.

Section 6. Penalty for Violation of Burn Ban. If the Meade City Fire Department is called upon to extinguish a fire that was intentionally set, during such burn ban, the person or persons causing the fire shall be punished by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment for a period not exceeding one (1) year, or by both fine and imprisonment, at the discretion of the court.

Section 7. Charges and Penalties Assessed. All charges and penalties assessed under the provisions of this Resolution shall be paid within thirty (30) days of giving notice to the person or persons responsible for payment of said charges and penalties. A statement of said charges and penalties shall be sent to the landowner or other responsible party or parties, at his or her last known address. Any charges or penalties not paid by the party or parties shall become a lien against the real estate upon which said services were rendered and shall be collected in the same manner as other taxes are collected and shall be paid into the Meade City Fire Fund. Charges and penalties assessed pursuant to this Resolution shall be in addition to all other levies, penalties, and Statutes as authorized by law.

Section 8. Effective Date. This resolution shall be effective upon publication as required by statute.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Meade, Kansas, on this 14th day of September, 2009.

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Bud Doerflinger, Mayor