[Adopted 8-14-2012 by Bill No. 1220]
In this article, the following words have the meanings indicated:
A complete ban on all open-air burning, declared by the County
Council in its capacity as County Executive.
A committee consisting of voting members, including the Talbot
County Director of Emergency Services, Chair of the Fire Chiefs Committee,
President of the Talbot County Volunteer Fire and Rescue Association,
State Department of Natural Resources Forest Service, and the Talbot
County Health Officer, who serves as an ex officio member, appointed
by the County Council to serve during their term of office or employment.
Has the meaning set forth in Md. Code Ann., Public Safety
Art., Title 10, Fireworks and Sparklers, § 10-101, as amended,
modified, recodified or reenacted from time to time.
Burning any material in the open or in a receptacle other
than a barbecue grill, furnace, incinerator, or other equipment connected
to a stack or chimney, including use of fireworks, sparklers, or sparkling
devices, excepting lawfully permitted municipal fireworks displays.
The Chief Code Compliance Officer, his designees, and Talbot
County Fire Chiefs and their designees.
A.
In its capacity as County Executive, a majority of the County Council
by executive order may impose a burning ban at any time in any part
or parts of the County or throughout the County as a whole, based
on the affirmative recommendation and finding of the Burn Ban Committee
that prolonged or unusual conditions exist that are conducive to the
easy start and spread of fire.
B.
An executive order adopting a burning ban shall:
(1)
Include findings and describe the conditions that require the burning
ban;
(2)
Identify the area(s) of the County in which the burning ban is to
take effect;
(3)
Include the dates and times the burning ban is to take effect and
terminate;
(4)
Expire no more than 45 days after adoption, but may be extended or
readopted from time to time as conditions warrant.
C.
Upon adoption of a burning ban, the County shall promptly provide notice by publication in a newspaper of general circulation in the County, including the information set forth in Subsection B(1) through (3) above. In addition, the County shall post a similar notice on the County website and, if available, as a crawler on local PEG cable television networks and as a public service announcement on local radio stations. Failure to provide any such notice or notices shall not invalidate the burning ban.
A.
Subject to Subsection B(2) of this section, no person may allow, permit, cause, start, or continue despite a request to discontinue, any open-air burning during a burning ban.
A.
An individual or corporation may not carelessly or negligently set
on fire, or cause to be set on fire, any woods, brush, grass, grain,
or stubble in violation of this article.
B.
Causing a fire in violation of a burning ban, or allowing it to escape
to the injury of adjoining lands, is prima facie proof of carelessness
or neglect within the meaning of this article.
C.
The provisions of this section do not contravene other provisions
of law relating to the liability for fires.
A public officer having reasonable suspicion to believe that
open-air burning is occurring in an area in which a burning ban is
in effect may enter on the public or private property of any person
to extinguish the fire. Nothing in this section authorizes any public
officer to enter any dwelling, structure, or building.
In accordance with the provisions of Chapter 58, Talbot County Code, the Chief Code Compliance Officer may assess civil penalties against any person believed to have violated this article, in an amount not to exceed $500 for each violation. All persons who commit, conspire, participate, or assist another to commit any violation, or who have ownership, possession, or control of the premises on which any violation occurs, or custody, supervision, or control of any minor who commits any violation shall be jointly and severally responsible for all such violations.
