ORDINANCE 2023-10

ORDINANCE FOR SANBORN COUNTY OPEN BURNING 

REGULATIONS

The Sanborn County Board of Commissioners will hold a public hearing on Tuesday, July 11, 2023, at 10:00 a.m. located at the Sanborn County Courthouse, Woonsocket, S.D. All interested parties are encouraged to attend in person and comment on Ordinance #2023-10. After the public hearing, the Commission may pass a resolution for the passing of Ordinance #2023-10, with or without amendment. The Board of County Commissioners may have a first reading of Ordinance #2023-10 by title prior and set a second reading date.

The proposed Ordinance #2023-10 will be made available for public inspection in the Auditor’s office located at Sanborn County Courthouse, 604 W. 6th St., Woonsocket, S.D. 

Written comments may be mailed to the Sanborn County Auditor at PO Box 7, Woonsocket, SD 57385 and received on or before noon on July 10th, 2023.

Kami Moody

Sanborn County Auditor

Published once on June 29, 2023, at the total approximate cost of $14.50 and may be viewed free of charge at www.sdpublicnotices.com.

ORDINANCE 2023-10

SANBORN COUNTY OPEN BURNING REGULATION 

ORDINANCE

An ordinance regulating open burning in Sanborn County.

WHEREAS, the Commissioners of Sanborn County are charged with protecting the health and safety of the citizens of Sanborn County, including all property situated therein; and

WHEREAS South Dakota Codified law (SDCL) § 7-8-20(18), as amended, grants to the Commissioners of Sanborn County the power “To prohibit or restrict open burning, after consultation with local Emergency Manager, local fire officials and law enforcement officials, in order to protect the public health and safety [;]” and

WHEREAS, in order to effectively administer this public policy and provide for effective public safety, the Board of Commissioners, after consulting with local Emergency Manager, local fire officials and law enforcement officials, enacts this ordinance to determine the appropriate times to restrict or “ban” burning and when to allow open burning under certain climatic conditions;

THEREFORE, be it ordained by the Sanborn County Board of Commissioners as follows:

Section I. Definitions:

A. Abate/Abatement: The terms abate and abatement, which may be used interchangeably, means action to terminate, stop, cease, repair, rehabilitate, replace, demolish, correct or otherwise remedy nuisance activity, condition, premises or conduct by such means and in such manner as to bring the activity, condition, premises or conduct into compliance with the laws or regulations of the County of Sanborn, South Dakota and/or the State of South Dakota or in such manner as is necessary to promote the health, safety or general welfare of the public.

B. Public Nuisance: Unlawfully doing an act, or omitting to perform a duty, which act or omission: (1) annoys, injures, or endangers the comfort, repose, health, or safety of others; (2) in any way renders other persons insecure in life, or in the use of property; (3) render the ground, the water, the air, or food a hazard or an injury to human health.

C. Campfire: The recreational burning of materials other than rubbish where fuel being burned is contained in a Fuel area must be no larger than 2 feet in diameter and 1 foot or less in height.

D. Open Fire: Any outdoor fire, including a campfire, that is not contained within a fully enclosed fire box or structure from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney. Open Fire shall not include Charcoal Grill, Liquid Fuel Grills, Outdoor Fireplaces, Branding Iron Burners, or Approved Containers as defined herein.

E. Charcoal Grill: A metal or stone device not resting on the ground with a metal grate designed to cook food using charcoal briquettes, char wood, hard wood, or similar fuel.

F. Liquid Fuel Grill: A metal or stone device designed to cook food using liquefied or gaseous combustible fuel.

G. Approved Container: Made of concrete, steel, or other non-combustible material used to hold combustible or flammable waste materials so that they can be ignited outdoors for the purpose of disposal. Must have a metal grate covering at all times when being used. Must be located within a minimum safety zone devoid of all combustible materials of no less than 15 feet in radius. Properly maintained to minimize fire hazard.

H. Outdoor Fireplace: Means a manufactured appliance constructed of non-combustible materials, with a maximum fuel area of three (3) feet, including a screen, chimney or other device placed above the fuel area, fueled by cut or split wood, located not closer than 15 feet to any combustible surface and continually attended.

I. Branding Iron Burner: A stove, furnace or device used to heat irons for the purpose of branding livestock, heated by wood, liquid fuel or other means and constructed so the heat source is contained in such a manner that sparks or embers are not allowed to freely escape into the open atmosphere.

Section II. Regulations:

A. Campgrounds:

1. The ban on open burning (open fire) does not apply to those designated areas falling within the boundaries of any permitted commercial, state or federal campgrounds unless otherwise specifically banned by resolution of the Sanborn County Board of Commissioners.

B. Prior Notification Required:

1. No person shall start an open burning without first notifying the Miner County Dispatch at 605-772-4501 or Sanborn County Sheriff’s office at 605-796-4511 or appropriate Fire District having jurisdiction, and provide the burner’s name, address, phone number, type of material to be burned and location of the burn.

Section III. Public Nuisances

A. Public Nuisances: Anyone who fails to meet the notice requirements set forth herein or whoever shall cause open burning during a burn ban or otherwise violates the general provisions of this ordinance is guilty of a public nuisance and the place, contents, area, thing or all of the foregoing, are declared a public nuisance and shall be enjoined and abated as provided by state law and/or county ordinance.

Section IV. Penalty:

A. The penalty for each violation of this ordinance shall be a fine of $500.00 or 30 days in jail, or both as stated in SDCL 22-6-2(2).

B. Nothing herein shall be construed to prohibit or supersede any civil remedy otherwise available to any person or entity.

C. The permissibility of the ignition of any fire as specified herein shall not operate to relieve the ignitor of any duty of care otherwise imposed by law; nor shall this ordinance operate to absolve any person of any liability for damages to persons or property which may occur as a result of the fire.

D. Any person that maintains, commits, or fails to abate a public nuisance as required under the provisions of the ordinance shall be subject to a maximum penalty of thirty (30) days in jail, a $200 fine, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

E. In addition, the County may also use the remedies of a civil action and abatement as set forth in SDCL 21-10-5 through 21-10-9.

F. In addition, in the event a burning defined as a public nuisance under this section becomes an immediate threat to persons or property, the Fire Department or other appropriate Fire District having jurisdiction may take steps to extinguish such burning and the costs may be assessed and collected.

G. Any violator of this ordinance is subject to the suppression costs of extinguishing the fire.

Published once on June 29, 2023, at the total approximate cost of $73.50 and may be viewed free of charge at www.sdpublicnotices.com.