| | | | | | | | ALAMOSA CITY COUNCIL
COUNCIL COMMUNICATION
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| | | | | | | | Subject/Title:
Public Hearing and Second Reading, Ordinance No. 3-2022, an ordinance regulating open and indoor burning within the city of Alamosa |
| | | | | | | | Recommended Action:
Conduct a public hearing and unless information is provided to the contrary, approve the ordinance on second reading.
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| | | | | | | | Background:
Section 7-2 of the City’s Code of Ordinances is one of the simplest sections. It reads in its entirety as follows: “No material shall be set on fire or burned within the city limits without permission of the fire chief or the fire chief's designee.”
A concerned citizen, who had received a warning for burning weeds, pointed out last year that Section 7-2, if read literally, would prohibit residents from using outdoor grills, indoor woodstoves, and even their furnaces. While the City does not enforce unreasonable interpretations of the Code, no matter how technically correct such interpretations may be, it is undesirable to have code provisions whose language does not mirror the intent of the provision.
The City’s prohibition on burning is designed to address the undesirable effects of outdoor burning. Burning wood and vegetative products can produce an array of harmful chemicals. Carbon monoxide, hydrocarbons, formaldehyde, dioxin and hundreds of additional chemicals are released when wood and other products are burned. Burning plastics, tires, chemically treated wood products and other man-made materials also produces this type of air pollution and releases other toxic chemicals into the air. Tiny pieces of material, commonly called particulate matter, are created in the burning process and can be inhaled into our lungs. These pollutants have been linked to several other health problems including nervous system damage, kidney and liver damage, and reproductive and developmental disorders. There is of course also the risk of an open burn fire getting out of control.
However, not all burning of material (as Section 7-2 currently prohibits) is problematic, especially in Alamosa’s fairly low population density. Think woodstoves, outdoor grills, chimineas, and other such uses. Of course, think also of furnaces and boilers, which clearly were not intended to be swept into the burning provisions of Section 7-2. The primary concern in the city is prohibiting open burning of weeds and brush, as well as burn barrels and trash incinerators. Certain materials, such as plastics and treated lumber, also should not be burned in otherwise acceptable methods such as woodstoves and fireplaces. This ordinance addresses both those issues by prohibiting open burning, except for limited outdoor fires, and also prohibiting the burning of rubbish, whether open or in a fireplace or woodstove. Major outdoor fire events, such as the High School’s homecoming bon fire, and the fire and ice sculpture associated with Ice Fest, will be able to continue as they currently exist – with written permission from the City’s Fire Chief. |
| | | | | | | | Issue Before the Council:
Does Council wish to amend the City’s ban on burning to make clear that open fires are prohibited, certain types of outdoor burning are allowable without a permit, and certain material may not be burned no matter the method?
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| | | | | | | | Alternatives:
(1) (Recommended alternative) Approve the ordinance on second reading.
(2) Approve the ordinance with changes, such as, for instance:
a. Changing the size of permissible outdoor fires
b. Adding to or subtracting from the list of prohibited materials set forth as not to be burned in new Section 7-3
(3) Decline to approve the ordinance on second reading.
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| | | | | | | | Legal Opinion:
City Attorney will be available to discuss any legal issues pertaining to the ordinance.
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| | | | | | | | Conclusion:
This ordinance clarifies unduly broad burn ban language that has been in the Code since its inception in 1964.
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