ORDINANCE TO REGULATE OPEN FIRES
The Board of Selectmen of the Town of Grand Isle hereby ordain:
1. Purpose The Selectmen of the Town of Grand Isle recognize that all open burning can contribute to a deterioration of air quality, and may be injurious to human health and welfare. It is also recognized that open burning must be strictly regulated to adequately protect the health, welfare, and safety of the public. It is the goal of this ordinance to restrict open burning and establish standards for the regulation of open burning in the Town of Grand Isle in order to protect the public health, safety and welfare.
2. Prohibition of Open Fires
Except as expressly allowed in Sections 4 of this ordinance, no person shall conduct open burning, as such term is defined in the ordinance, at any time in the Town of Grand Isle. Notwithstanding any other provisions of this ordinance, no person shall cause or allow the open burning of garbage, rubbish, rubber, plastic, or other synthetics, waste oil, asphalt materials or pressure treated wood.
3. Definitions
a) “Open burning”: Burning that takes place other than in commercial, industrial, institutional or residential heating, incineration or cooking systems. Burning shall include the ignition of a fire, the permitting or causing of ignition or the allowing or causing of a fire to continue.
b) “Natural Wood”: For the purposes of these regulations, natural wood means trees, including logs, boles, trunks, branches, limbs, and stumps, lumber including timber, logs or slabs, especially when dressed for use. This definition shall also include pallets which are used for the shipment of various materials so long as such pallets are not chemically treated with any preservative, paint, or oil. This definition shall not extend to materials which have resulted from the demolition of any building, or to wood products such as saw dust and glued wood.
c) “Garbage”: Animal and vegetable wastes resulting from handling, preparation, cooking, and consumption of food.
4. Allowable Open Burning
a) The following types of open burning shall be allowed without the issuance of a permit under this ordinance subject to compliance with the performance standards contained in Section 6:
1) Open fires in conjunction with holiday and festive celebration.
2) Campfires, outdoor grills, and fireplaces for recreational preparation of food.
3) Burning of solid or liquid fuels, fields or structures for the purpose of bona fide instruction and training of the Grand Isle Fire Department. When such drills or training involve the burning of structures or fields, adjoining property owners and residents shall be notified at least one week in advance of such drill.
b) The following types of open burning shall be permitted only after issuance of the permit required by this ordinance:
1) Burning in forest land areas, as defined by the Vermont Air Quality Regulations, of brush, tree cuttings and slash where the cuttings accrue from pulping or lumbering operations.
2) On-premise burning for the purpose of weed abatement; disease, forest fire and pest prevention; and agricultural improvement.
3) On-premise burning of leaves, brush, deadwood, tree cutting accrued from normal property maintenance by the owner, or lessee thereof.
c) The on-premise burning of natural untreated, unpainted or unstained wood associated with a project for which approval has been granted under the Grand Isle Zoning or Subdivision regulations, provided:
1) The right to burn natural untreated, unpainted or stained wood is granted by the DRB as a condition of approval of the project.
2) Approval to burn is obtained from the Fire Warden.
5. Permits
Any person who desires to conduct open burning as allowed by this ordinance in section 4B shall first obtain a permit from the Fire Warden as follows:
a) Applicant must contact the Fire Warden at 372-4834 on the day of the proposed burning.
b) The Fire Warden may at his/her discretion obtain the necessary information to complete the permit over the phone and verbally issue permission to the applicant. Depending on the nature of the proposed burning conditions may be required. A visit from the Fire Warden to the site may be required. The Fire Warden will complete the permit form and file at his/her location.
6. Performance Standards All persons wishing to conduct open burning shall be responsible to provide the following:
a) All open burning conducted under the terms of this ordinance shall be done in such a manner as to prevent spread of the fire to adjoining properties.
b) No open burning conducted under the terms of this ordinance shall be left unattended at any time.
c) All open burning conducted under the terms of this ordinance shall insure that all fires are completely extinguished prior to being left unattended.
7. Appeals Any decision of the Fire Warden, under this ordinance shall be reviewed, by the Board of Selectmen, upon written request. The Board of Selectmen shall respond to any such request for review within 60 days of the date of its receipt of said request.
8. Fees The Board of Selectmen may by resolution, establish a fee for the granting of permits under the terms of this ordinance.
9. Enforcement
a) The Selectboard: Any person who violates any provision of this ordinance shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. Any law enforcement officer or other individual designated by the Selectboard to enforce this ordinance may act as an issuing Municipal Official and issue and pursue before the Selectboard a municipal complaint for any violation of any provision of this ordinance.
b) In addition to the enforcement procedures available before the Selectboard, the Town is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law.
10. Penalties
a) Waiver Fee For Municipal Complaint: The Selectboard is authorized to recover civil penalties in the following amounts for each violation of this ordinance:
First offense - $25.00
Second offense - $50.00
Third offense - $75.00
Fourth offense - $150.00
Fifth and subsequent offenses - $200.00
Offenses shall be counted on a calendar year basis.
b) Civil Penalty for Ordinance Violation: The Selectboard is authorized to recover civil penalties in the following amounts for each violation of this ordinance:
First offense - $25
Second offense - $50
Third offense - $75
Fourth offense - $150
Fifth and subsequent offenses - $200
Offenses shall be counted on a calendar year basis.
11. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59
Town of Grand Isle Policies & Ordinances --Effective August 19, 2005