Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
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County Codes
Title 8 Health and Safety
8.12 Burning Restrictions
8.12.001 Open burning defined
8.12.010 Authority--Authorization and permit required
8.12.015 Permit required
8.12.016 Classification of permits
8.12.020 Burn barrels prohibited
8.12.021 Garbage burning prohibited
8.12.022 Rubbish burning prohibited
8.12.023 Toxic, dangerous or hydrocarbon product burning prohibited
8.12.024 Plastic or rubber products
8.12.025 Attendance at open burn
8.12.026 Water supply and tools
8.12.040 Exceptions
8.12.050 Powers and duties of fire district
8.12.055 Extinguishment of all open burn fires
8.12.057 Cost of extinguishment
8.12.060 Waiver of provisions
8.12.070 Penalty for violation of provisions
8.12.071 Suspension or revocation of permit
8.12.072 Hearing on suspension or revocation of permit.

8.12.001 Open burning defined

Any open fire, char, combustion, or friction or chemical reaction from which smoke, gas, vapor, dust or solid particles or other products of combustion are emitted into the atmosphere, without passing through a stack or chimney from an enclosed chamber.  (Ord. 1393, 2013)

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8.12.010 Authority--Authorization and permit required

The Fire Chief or his designee of the East Fork Fire District and the Tahoe Douglas Fire District may establish regulations for Open Burning, permit conditions and issuance for Open Burning, date and time limitations on Open Burning, and other requirements within the boundaries of their respective Districts for Open Burning. (Ord. 1393, 2013)

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8.12.015 Permit required

No person, persons, firm, partnership, trust, company, association, corporation, or other entity shall encourage or cause Open Burning to occur, without first obtaining a permit required by the Fire District wherein the Open Burn will occur, and for the classification of Open Burn to be conducted; and without first obtaining permission each day from the Fire District wherein the Open Burn will occur prior to igniting or causing an Open Burn.  (Ord. 1393, 2013)

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8.12.016 Classification of permits

Open Burn Permits shall be classified as Agricultural (large over 25 Acres); Agricultural (intermediate 10-25  Acres); Agricultural Cooperator (1.25-10 Acres); Ditch Weed Abatement; Noxious Weed Abatement; Seasonal Open Burning; Ceremonial; Recreational; Special Occurrence; Governmental; and Emergency Purpose; and appropriate regulations and/or conditions for each classification of Permit may be established by the Fire Chief or designee of the East Fork Fire District and Tahoe Douglas Fire District.  (Ord. 1393, 2013)

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8.12.020 Burn barrels prohibited

The use of burn barrels within the boundaries of Douglas County is prohibited. (Ord. 1393, 2013)

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8.12.021 Garbage burning prohibited

Any person who attempts to burn or burns kitchen and table refuse, offal, swill, other parts and accumulation of animals (whether domestic or wild), vegetables, meats, fish, fowl, birds, or fruits, waste matter and/or papers is in violation of this Chapter and Code Section. (Ord. 1393, 2013)

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8.12.022 Rubbish burning prohibited

Any person who attempts to burn or burns waste including, but not limited to, treated wood, construction debris, roofing materials, paper boxes, rags, moist grass clippings, old hay or straw, barn sweepings, railroad ties treated with creosote or other preservatives, latex paints and thinners, brushes, tools, wet storage, alkaline and lithium batteries, furniture, plastic pipe and fittings, galvanized pipe and fittings, and all other combustible materials deemed by the fire district having jurisdiction to be garbage, rubbish, or trash is in violation of this Chapter and Code section. (Ord. 1393, 2013)

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8.12.023 Toxic, dangerous or hydrocarbon product burning prohibited

Unless expressly authorized by the Fire District having jurisdiction, any person who attempts to burn or burns any combustible liquid, waste oil, gasoline, diesel fuel, alcohol or liquid byproducts of any commercial process is in violation of this Chapter and Code section. (Ord. 1393, 2013)

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8.12.024 Plastic or rubber products

Any person who attempts to burn or burns any plastic or rubber product, no matter what the chemical compound, unless cellulose base is over 95% by weight, is in violation of this Chapter and Code section. (Ord. 1393, 2013)

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8.12.025 Attendance at open burn

All Open Burns shall be constantly attended and controlled by a human being capable of controlling the fire.  The attendant shall be able to communicate with Fire District Personnel, and shall have a communication devise available at all times to notify Douglas County 911 communications in the event a fire escapes control by the attendant. (Ord. 1393, 2013)

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8.12.026 Water supply and tools

All Open Burns shall have a ready water supply and proper hand tools, or farm or heavy equipment available at the burn site that is sufficient to halt the spread of a fire that escapes control by the attendant. (Ord. 1393, 2013)

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8.12.040 Exceptions

Open Burn fires no more than five feet in diameter, used exclusively for heating livestock, or branding of livestock for lawful ownership identification, are exempted from the Permit requirements in this Chapter.  Enclosed barbeque grill fires for the purpose of food preparation are exempted from the Permit requirements under this Chapter.  Controlled Fires conducted by a government entity pursuant to NRS 527.122 through 527.128 and/or any other fire conducted by a government entity whose primary purpose is fire prevention and/or suppression are exempted from the Permit requirements under this Chapter.  (Ord. 1393, 2013)

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8.12.050 Powers and duties of fire district

The fire district having jurisdiction and its officers or agents may, without further process of law, enter onto the private or public property of another for the purposes of investigating any smoke or fire observed, to determine if a permit has been issued in accordance with this Title, and to determine if violations of code sections 8.12.015 through 8.12.040 inclusive, or state law or regulation are or have occurred.  (Ord. 1393, 2013)

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8.12.055 Extinguishment of all open burn fires

The fire district having jurisdiction or its officers or agents may, without further process of law, enter onto private or public property of another and extinguish or require to have extinguished any fire ignited or maintained in violation of the requirements of this Chapter, or any fire that presents a threat to public safety.  (Ord. 1393, 2013)

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8.12.057 Cost of extinguishment

The fire district having jurisdiction and its officers or agents may initiate, through the Douglas County District Attorney, appropriate legal action to recover all costs incurred to extinguish any fire and/or remove fire debris or other material involved in any fire, ignited or maintained in violation of this Chapter.  The fire district having jurisdiction may record a lien against the real property where the Open Burn occurred in the amount of the costs incurred, and/or pursue all other appropriate legal remedies to recover the costs incurred (Ord. 1393, 2013)

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8.12.060 Waiver of provisions

The Fire Chief or his designee, of the fire district having jurisdiction, may waive provisions of this Chapter for public safety and health, exigency or other emergency he declares.  (Ord. 1393, 2013)

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8.12.070 Penalty for violation of provisions

Any person, persons, firm, partnership, trust, company, association, corporation, or other entity that violates any provision of this Chapter, is guilty of a misdemeanor, and is subject to a maximum fine of $1,000.00 and 6 months in jail for each violation, in addition to any costs assessed pursuant to Section 8.12.057 of this Chapter.  (Ord. 1393, 2013)

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8.12.071 Suspension or revocation of permit

The Fire Chief or his designee, of the fire district having jurisdiction, may immediately suspend any permit issued under this Chapter by issuance of a “Stop Order” in writing to the attendant of the fire, or by posting the “Stop Order” visibly and conspicuously on the property where the Open Burn occurred or is expected to occur.  (Ord. 1393, 2013)

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8.12.072 Hearing on suspension or revocation of permit.

The Fire Chief or his designee of the fire district having jurisdiction, will, upon application of a permit holder, hold a hearing into the facts of the Permit suspension and/or revocation, and render a judgment as to whether the Permit shall be suspended for a fixed period of time, not to exceed 1 year, revoked for 1 year or more, or reinstated.  The hearing will be held within 20 working days of a written request for hearing being filed with the Fire Chief of the fire district having jurisdiction. The Douglas County District Attorney shall represent the fire district having jurisdiction during the course of the hearing.  (Ord. 1393, 2013)

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