OPEN BURNING ORDINANCE

Section 1. Purpose 

The purpose of this ordinance is to regulate open burning within the Town of Paleto Bay in order to protect public health and safety, reduce the risk of wildfires, preserve air quality, and minimize nuisances to neighboring properties while recognizing the needs of a rural community. 

Section 2. Definitions 

Open Burning means the combustion of any material in the open air where smoke is emitted directly into the atmosphere and is not conducted within an enclosed structure or approved incinerator.

Recreational Fire means a small outdoor fire used for warmth, cooking, or ceremonial purposes.

Burn Barrel means any container designed for the disposal of waste by combustion.

Natural Vegetation includes leaves, branches, untreated wood, brush, and similar organic materials.

Section 3. General Prohibition 

Except as specifically permitted under this ordinance, no person shall ignite, maintain, or permit any open burning within the Town of Paleto Bay.

No fire shall be allowed to create a hazard to persons, property, or public roadways through excessive smoke, embers, or uncontrolled spread.

Section 4. Recreational Fires 

Recreational fires are permitted provided that:

1. The fire does not exceed four (4) feet in diameter.

2. The fire is contained within a fire pit, ring, or other suitable enclosure.

3. Only clean, seasoned firewood or untreated natural wood is burned.

4. The fire is attended at all times by a competent adult.

5. An adequate means of extinguishment, including water or a fire extinguisher, is immediately available.

6. The fire is fully extinguished before being left unattended.

Section 5. Agricultural and Land Management Burning 

Open burning for agricultural purposes or land management may be permitted when:

• Conducted by the property owner or authorized agent.

• Limited to natural vegetation generated on the property.

• Weather conditions allow safe burning.

• Adequate firebreaks and suppression equipment are maintained.

• The burn does not create a hazard to nearby structures or roadways.

The Town may require advance notification or approval for large-scale burns.

Section 6. Permitted Materials 

The following materials may be burned when otherwise authorized:

• Untreated wood

• Brush

• Leaves

• Tree limbs

• Yard waste

• Natural vegetation produced on-site

Section 7. Prohibited Materials 

Under no circumstances shall the following be burned:

• Household garbage

• Plastics

• Rubber products

• Tires

• Petroleum products

• Painted or treated lumber

• Construction debris

• Asphalt materials

• Chemicals

• Electronics

• Furniture containing synthetic materials

• Hazardous waste

• Medical waste

• Any material producing toxic fumes

Section 8. Burn Barrels 

The use of burn barrels for routine waste disposal is prohibited.

Burn barrels may only be used if specifically authorized by the Town for approved agricultural or emergency purposes.

Section 9. Weather Restrictions 

No open burning shall occur:

• During declared burn bans;

• During periods of high winds that may spread fire or smoke;

• During Red Flag or Extreme Fire Danger conditions;

• When atmospheric conditions cause smoke to create hazardous visibility on public roads.

The Mayor, Fire Chief, or designated emergency official may suspend all open burning whenever conditions warrant.

Section 10. Required Attendance 

Every permitted fire shall be attended continuously until completely extinguished.

The responsible person shall maintain sufficient equipment capable of immediately controlling or extinguishing the fire.

Leaving any fire unattended constitutes a violation of this ordinance.

Section 11. Nuisance Conditions 

Even when otherwise permitted, no fire shall:

• Produce excessive smoke affecting neighboring properties;

• Create objectionable odors;

• Cause ash or embers to leave the property;

• Interfere with traffic visibility;

• Endanger public health or safety.

The Paleto Bay Police Department, Blaine County Sheriff's Office, San Andreas Department of Public Safety, San Andreas Fire Rescue, or the Paleto Bay Volunteer Fire Department may order any fire extinguished if it constitutes a nuisance or hazard.

Section 12. Liability 

Any person responsible for a fire that escapes containment shall be liable for damages, suppression costs, and any penalties authorized by law.

Compliance with this ordinance does not relieve any person from civil liability arising from negligent burning.