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ORDINANCE NO. 177

The Board of County Commlssionel-s of Box ElcE:r CO~U1ty, State

of utal" ordains as follows:

WHEREAS, the county of Box Elder ccntalns signif~callt

amollnts of farm gl"ound, bo~h ~rrigated and non-irri-;Jated, upon

which crops are raIsed, and,

WHEREAS, a significant amount of the crop land located

',oJithin Box Elder COllnty contains stubble and athel- agriclIltm.-al

w3ste at various tImes 0: the year, but particul3.rly during the

late summer ane. early fall months, ~nd

WHEREAS, common agricultural pract1ce involves bunung

stubble fields, resulting in significant quantities of smoke

• being emitted iato the atmosphere, and

WHEREAS, the smoke released into the air during certain

times of the year within t:he corporate limits of Eox Elder COl.lnty

presents a potential hazard to the public healt}l, safety and

gen,;l-al 'rJelfare,

THEREFORE, the Board of county commissione~s of Box Elder

County deem it appropriate to adopt an ordinance controlling and

limiting open air burning within Box Elder county, involving all

types of bUrJ~lng, in:=luding agricul tural burning, and specifying

regUlations for the issuance of burning permits and imposing

oth~r conditions upon burning within Box glder county.

THEREtORE, the Board of County commissicilers of Box Elder

county, State of Utah, ordains as follows:

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1. All burning permits issued within the gliographical

limits of Box Elder County, Utah. shall require, in additloll to

any othel.' conditions .1mposed by Box Elder COtlnty or othe,r

authority, the following:

a. No £11"e5 shall be ignited beEN-e 10:00 a.m. or

af~~r 6:00 p.m., provid~d, further. all fires shall be completely

extinguished one hOU1- befel"e sunset.

b. The Q'eographjcal area of Box Elder Coullty shall be

divided into 12 zones, numbered 1-12 as shown on ExhIbit "A"

att:!l.ch-::1 h~reto, and tll.: maXImum number of aCl-es per zon~ I-/hic'h

may be actually burning at any given time shall be depend~nt UpOll

th~ stat~IS of the clearing index for that particular day, all ~3

shOW:l on Exhibit "B" attached hereto.

c. When the clearing index is less than 500 feet

• within the corporate lililits of Box Eldel.· county .. no burning Sh311

occur within the carpol-ate limits of Box Elder county, except.

s'clch limited bUl'ning as may be allowed at the discretioll of the

County Fire Marshall. The County Fire Marshall shall, ill

e~<erc1sing his discl-etion, considel- the time of day, the

pot9ntia! for the clearing index to rise above 500 feet, the

difference 1n the clearing index between the point of measurelTi~nt

and the point of proposed burning, the number of £l1"eS already

burning, if any I the quantity of material to be consul!led In th~

p~:oposed burning, the quality of the mat~!.l:ial to be consumed .i.n

tIle proposed bm-nlng, and the length of tbe Pl"oposed burn.

d. No burning shall OCCllr in any al-ea which has

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received any precipitation within the immediately precedillg 24

hours p~ior to th~ ignition of any fire.

e. All ashes ffit\st be incorporated into the ground

within 24 hours of the fire being extinguished, ..,ith the

exception of fence lines. ditches, ditcll banks, levees and

can31s.

f. All burning fires must be supervis~d alld lenJed by

an individual actually remaining at the site of the fire during

all time that the fire is burning.

2. The COUllty Fire Marshall shall establish a reasonabl.

procedure whereby p'3l'sons seeking btu-ning penni t,o; will be <lbJ.~ to

obtain the same upon application, assumIng blll"ning is pel"!11iLled

under provisions of this ordinance,

3. All permittees must have the pet-mit in posSeSSLfJll bef.ore

commencin.g any burning, and the permit shall be present Rt LhE!

site of the fire during all times supervision of tilS file 1s

requir9d by this ordinance.

4. A blll"ning p~l-mit is not required for the btlrn1.llg 0[;

fence lines on cultivated lands, canals or irrigatioll dilcllBS

where burning will not pose a threat to fOJ:est, 1'auge ()l:"

water-shed lands, pi-ovided due care is used in the contl.'ol or the

bUi"nlng and that the individual notifies the Box Elder (:UlLULy

Sheriff Dispatch Office of the approximate time the burrling will

OCCl!l" .

5. Unless probibited by State statutes or regulat:ions,

other County ordinances, applicable declarations of closed CiTe

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seasons, the ot"der of a la'r1 enforcement officer, the 80:< E_ldel'

County Fire Marshall or his dllly authorized agent, tIle following

types of burning 81-e perm1 tted, Pl"oviding that a county p"'nr.i I:

has first been obtained and subject to the provisionf; and

rest~ictions herein .

.3. The bUl-nlng of prunings ft"om 1::1-ee5, bushes aBd

plants, 0r of dead or diseased trees, bushes, and plallt~.

including stubble, incidental to horticultural or agricllllu~al

operations,

b. Open burning of matel-ials or stnlctures wJ)~n

conducted under the control and supervision of the Box Elcle):

county Fire Marshall.

c. Fires for firemen training purposes when conducted

undel' the dil-ect control and supervision of the Box E:1(1·-'!1" Cl)UlJty

FiL-:; Marshall.

d. other open b~lrnlng for special purposes OJ.- Hilder

unique circumstances when apPl-oved by the Box Elder C01111t'y F.i.J~e

H·:l.l;,shall and the county Health Department following a fOJ.!I\i;11

request therefore.

8. Fires on any County property including ~oa~s,

rights-af-way, dltchbanks, river bottomlands, 'dJldlands (,'L' (,.lLher

al-eas of county domain.

6. The consent of the Utah Division of Wildlife Resuurc@s

shall be r-equiL-ed for any fires on any propel-ty leasecl, '_'\'>'llf·(J otcontrolled by that division as wildlands or wildlife habitats.

7. Penalties and Liabilities:

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a. Any person who shall violate ot'- fail to CQ!llply I-li.th

the provisions of this ordinance shall, for each day (OJ~ ~(\c:Jl

violation or non-compliance be guilty of a separate Class "B"

Misdemeanor, punishable by a fine not to exc~ed SI,OOO or

imprisonment for not more than six months, or by both s\lch fil19

and imprisonment, for each offense.

I). Any person responsible for the exlstencB Vl. spread

of al~Y uncontrolled or unattended fire, or any other Li.J:e. 011

pUblic or private property, necessitating suppression acUon I)¥

the county or state shall be liable to the county or state fo~

the payment of all costs therefore.

8. Box Elder county Ol'dinances No. 172 and No. 176 il./:e

9. This ordinance shall become effective upon adoption,

hereby repealed, as of the effective date of this Onb.nallCI::".

in the manner required by law, • publication and posting

ADOPTED this / 'ifj day of _ 199:l.

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BOX ELDER COUNTY COMMISGION

VOTING:

JAMES J. WHITE -f!J...£r-__.

FRANK NISHIGUCHI ~.L7:;.!:;·

ALLEN L. JENSEN ¥ __ 5
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ORDINANCE NO. 254

AN ORDINANCE AMENDING BOX ELDER COUNTY ORDINANCE: NO. 177

The Board of County Commissioners of Box Elder County, Stale

of Utah, ordains as follows;

WHEREAS t Box Elder County Ordinance No. 177 conLJ'O 1..<0: bll riling

and the issuance of bu!"oing permits within Box Elder" COI.lIlty, ;)od

WHEREAS, since the adoption of Ordinance No, 17'/, n.j·.ltU.unal

issues and problems with open burning have become al?par."/?,l!.,

including the release into the atmosphere of significant"

quantities of smoke and the attendant potential haz.ard Ii' lhe

public health, safety, and general welfare;

THEREFORE, the Board of County Commissioners of: Ben j·;lrJpr

County deems it appropriate to amend Ordinance No. "l'l'j lu im ther

control and .limit open air burning within Box Elder Count-yo

THEREFORE, the Board of County Commissioners of Bux Ji:ld'!L"

County, state of Utah, ordains as follows:

1. Box Elder County Ordinance No. 177 is amended 1>:1' ul.-ltl.lng

Section 1.g., as follows:

g. No perroi ts for burning 1,o1ill be issued fOI-" <lO'{

Sunday or any Monday, nor shall any pel-"mils lJe j ssued

during the week when the Box Elder County FaLL is h~ld,

from 'l'uesday through and including Sat.urday of 1.baL

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This Ordinance shall become effective upon adoption,

publication, and posting in the manner required by l<1w.

BOX ELDER COUNTY COMMISSIOH

ATTEST:

~(;;fQ~ ANN ADAMS, cau CLERK

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VOTING;

ROYAL K. NORMAN

STEVE HOLf1GREN

SUZANNE REES