Government Services by Placerville, Idaho

COUNTY BURN BAN IN EFFECT

Placerville Fire Prevention Ordinance in effect

ORDINANCE No. 2026-0330

FIRE PREVENTION ORDINANCE

AN ORDINANCE OF THE CITY OF PLACERVILLE, BOISE COUNTY, IDAHO, PROVIDING A PROCEDURE TO PREVENT FIRES WITHIN CITY LIMITS; PROVIDING A PROCEDURE FOR FUTURE IMPLEMENTATION OF OPEN FIRE BANS WHEN NEEDED; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR CIVIL LIABILITY FOR COST OF CONTAINMENT AND DAMAGES CAUSED BY VIOLATION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Placerville values the lives and safety of City residents and takes such matters affecting the same very seriously;

WHEREAS, the City finds that from time to time there exists an extreme or severe danger and threat of grassfires and wildfires due to dry weather and vegetation conditions in the City and that fires occurring during dry weather conditions in the City will cause property damage and risk of loss of life;

WHEREAS, wildfires constitute a real threat to life and property in the City;

WHEREAS, the City desires to take such actions as are necessary to preserve property and the safety of residents within the City;

WHEREAS, from time to time the City will find it necessary to prohibit Open Fires, as defined herein;

WHEREAS, the City finds that this ordinance is necessary for the preservation of the public health and safety for the reasons set forth herein;

WHEREAS, the City finds that implementation of the procedures regarding bans on Open Fires and the implementation of a burn permit system will reduce the danger and likelihood of structure fires, grassfires, and wildfires in the City;

WHEREAS, the City of Placerville is the appropriate agency to enforce violations of Open Fire bans imposed by this Ordinance in the City, with the assistance of the Placerville Fire Protection District, Boise County Sheriff’s office and the City Attorney and Prosecutor; and

WHEREAS, pursuant to Idaho Code § 50-302, cities have the power and authority to make all such ordinances and resolutions not inconsistent with the laws of the State of Idaho and to enforce all ordinances by fine; and

WHEREAS, the City hereby finds, determines and declares that adoption of this Ordinance is necessary for the preservation and protection of the public health, safety and welfare of inhabitants of the City, and that it is in the best interests of the people of the City and their property that the Board create a procedure for invoking future Open Fire bans and a burn permit system when conditions warrant.

NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Placerville, Boise County, Idaho, as follows:

Section 1: Short Title and Purpose: This Ordinance shall be known and cited as the Fire Prevention Ordinance. The purpose of this Ordinance is to prevent fires and ban Open Fires, as defined herein, in all areas of the City to lessen the danger of fires in those areas.

Section 2: Definitions: For the purposes of this Ordinance, the following definitions shall apply. Any other words and phrases not defined in this Ordinance shall be given their ordinary, commonly understood and accepted meanings:

Open Fire: That definition set forth in the Implementation Resolution, as hereafter defined. In the event the Implementation Resolution does not contain a definition of Open Fire, then for all purposes under the Ordinance or the Implementation Resolution, an Open Fire shall be: any and all outdoor fires, including but not limited to, campfires, warming fires, all explosives , firing of model rockets, discharge of tracer bullets, exploding targets, welding or operating an acetylene or other torch with open flame (other than in an area cleared of all flammable materials and with adequate firefighting equipment immediately available and on hand), the burning of trash and debris and  open burning which is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous. The Open Fire shall not include or apply to: (i) commercial fireworks within city limits; (ii) wood burning stoves and fireplaces located within an enclosed building(s); (iii) roadside emergency flares used for vehicle safety in a safe and prudent manner with regard to wildfire threat; (iv) recreational fires, as defined in the International Fire Code , shall be permitted so long as they are no closer than 25 feet from any structure and the fuel to be burned is reasonable and contained within a steel or concrete fire ring, barbecue grills located on personal residences when used in a safe and prudent manner with regard to wildfire threat; (v) the prescribed burning of fence rows, irrigation ditches, fields, and farmland when done in a safe and prudent manner with adequate firefighting equipment immediately available and on hand, with the greatest regard and consideration to the wildfire risks ; and (vi) burning in farm burn barrels, when used in a safe and prudent manner with regard to wildfire threat.

Section 3: When this Ordinance is implemented by one or more resolutions of the City Council in accordance with the provisions of this Ordinance ("Implementation Resolution") Open Fires of every kind and type are prohibited within City limits, unless such prohibition is specifically limited by the terms of the Implementation Resolution. An Open Fire ban shall be in effect in the City when an Open Fire ban is put in place by the Implementation Resolution and it shall be unlawful and a misdemeanor for any person to violate the terms of the Open Fire ban in the City limits during the time periods set forth in the Implementation Resolution. The Implementation Resolution may modify the definition of Open Fire, or may limit burn restrictions to certain areas of the City or any other further limitations as set forth in the Implementation Resolution.

The Open Fire ban authorized to be imposed by the terms of this Ordinance shall be implemented by:

1. Adoption of an Implementation Resolution by the City Council, declaring that conditions and circumstances within the City necessitate the imposition of an Open Fire ban to protect the health, safety, and welfare of the public. Such resolution shall specifically state that the resolution is intended to implement the Open Fire ban authorized by this Ordinance; and
2. That established evaluation criteria then currently in use by federal, state and local Fire suppression/management agencies for monitoring fuel moistures, fire dangers class, then current impacts on suppression resources, then current fire cause types, weather forecasts and other predictive fire danger may be considered by the City; and
3. The City may consider and, where deemed appropriate by the Council, undertake efforts to advertise and publicize each Open Fire ban implemented by resolution in accordance with this Ordinance. Such efforts may include, but are not limited to, any one or more of the following: recording of the resolution in the records of the County Clerk/Recorder, posting the resolution on the City website, publication of the resolution and notices in one or more newspapers and publications circulated within the City, the erection of signs referring to the Open Fire ban along public thoroughfares and/or in public places within the City, and/or notification sent to fire districts, the Idaho State Department of Lands, the United States Forest Service, the Bureau of Land Management, municipalities and other public agencies informing such agencies of the County Open Fire ban. The failure to undertake any such additional efforts to advertise and publicize the Open Fire ban shall not invalidate or preclude the enforcement of this Ordinance as implemented by any such resolution.

Section 4: An Open Fire ban imposed and implemented in accordance with this Ordinance shall commence upon the date set forth in the resolution and shall remain in effect until the date identified in such resolution, if any, or the date of repeal of the resolution by a further resolution of the City Council.

Section 5:   All burning and Open Fires in the City shall at all times be subject to any and all state and federal laws and regulations, including but not limited to air quality and health and safety concerns.

Section 6: The City of Placerville will enforce the prohibition on Open Fires implemented by such resolution(s) adopted as provided in this Ordinance. The City of Placerville will direct the Placerville Fire Protection District or the Boise County Sheriff’s Office and shall be responsible for the administration of this Ordinance.  All inquiries regarding the current status of Open Fire restrictions and ban in the City should be directed to the City of Placerville.

Section 7: Penalties.

7.1  Violations of this Ordinance shall be a misdemeanor and upon a first conviction or confession of guilt thereof shall be punished by a fine of not more than three hundred dollars ($300.00), for each violation of this Ordinance, not including any court costs, and no jail time may be imposed. Conviction of second or subsequent offenses shall be punished by a fine of not more than one thousand dollars ($1000.00), not including court costs, and no jail time may be imposed.

7.2  Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any federal, state, or local law, rule, order or regulation, and each day during which violation of this Ordinance continues shall be deemed a separate offense. 

Section 8: Any person who willfully or negligently is responsible for the starting or permitting an Open Fire in violation of this Ordinance shall be liable for the costs incurred by federal, state or local agencies or their authorized representatives in controlling or extinguishing the same, as well as damages to life and property arising from such a violation of this  Ordinance.  The amount of such costs shall be recovered by a civil action prosecuted in the name of the County, those persons damaged or the agency seeking reimbursement. Civil liability provided herein shall be exclusive of, and in addition to, any criminal penalties provided herein.

Section 9: Where any provision of this Ordinance conflicts with any other provision of this Ordinance, or any other law or ordinance or the Implementing Resolution, the more stringent requirement, regulation, restriction or imitation shall apply. Notwithstanding the foregoing, it is the intent of the City that this Ordinance completely embody all rules, regulations and requirements pertaining to the burn bans for Open Fires within the City of Placerville. Therefore, all prior Resolutions and Ordinances, heretofore adopted by the City in relation to the matters contained herein, are hereby declared null, void and of no effect as of and for matters occurring after the Effective Date of this Ordinance.

Section 10: Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid.

Section 11: This Ordinance shall be effective upon its passage, approval and publication according to law.