8.10.160 Burning.
A. A person in charge of a premises must not permit, allow or cause to exist:
1. An outdoor fire, bonfire, rubbish fire, burn barrel fire, or garbage fire on the premises.
2. A fire for the purpose of burning grass, hay, straw, tree parts or trimmings on the premises.
3. A fire for land clearing operations or for commercial burning.
4. Any other type of open burning, except as allowed in this section.
B. The prohibition described in subsection A of this section does not apply to the following situations:
1. Burning of yard debris between March 1 and June 15, and between October 1 and December 1, or other time period designated by the fire chief or designee, when the burning is conducted on a day that is designated by the department of environmental quality as an approved burn day.
2. Outdoor recreation fires conducted in accordance with the provisions of the Oregon Fire Code and McMinnville City Code.
3. Fires set and maintained for firefighting training or training fire protection personnel.
4. Fire requested by law enforcement personnel for the destruction of evidence when the evidence is no longer needed for law enforcement purposes.
5. Fire used to remove a fire hazard, when authorized by a permit issued by the fire chief or designee.
6. Ceremonial fires, when authorized by a permit issued by the fire chief or designee.
C. A person in charge of a premises must not permit, allow or cause to exist any burning on the premises that:
1. Causes smoke emissions to leave the premises to the injury or detriment of persons and property surrounding the premises;
2. Is determined to be hazardous by the fire chief or designee; or
3. Is determined to be detrimental to the public health by the city manager or designee.
D. In addition to any corrective action ordered by the city, a person found to have violated the provisions of this section may be assessed a civil penalty. The amount of the civil penalty assessed for each day of continuing violation will not exceed the amount established for a Class 4 code violation. (Ord. 5079 §1 (Exh. 1 (part)), 2019).