To reduce the risk of loss of life and damage to property and the urban tree canopy from fire during periods of extreme fire risk in the city of Happy Valley.
(Ord. 564 § 1, 2022)
means the city of Happy Valley.
means the fire chief of the Clackamas Fire District #1.
shall have the meaning for that term provided in ORS 480.111.
means and individual, organization or business entity. For the purpose of this definition, "business entity" includes a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity.
(Ord. 564 § 1, 2022)
A.
The fire chief may, at such times as the fire chief deems appropriate for fire risk, use reasonably available sources of information including the National Weather Service and Oregon Department of Forestry District 13 reporting and modeling based on the National Fire Danger Rating (NFDR) System, forecasted temperature, wind, relative humidity, fuel loads, and topography of current or predicted conditions to determine the level of fire danger within the city, including external fire sources and the risk of fire ignition and spread from any source within the city.
B.
If, in the fire chief's sole discretion, the fire risk in the city is extreme under the NFDR classification (fires start quickly, spread furiously, and burn intensely; all fires are potentially serious), the fire chief is authorized to issue an order under Section 8.10.040 of this chapter temporarily prohibiting some or all of the following:
(Ord. 564 § 1, 2022)
A.
Upon issuance of a written order by the fire chief pursuant to Section 8.10.030 of this chapter, a person within the city may not engage in the following activities during the period stated in the order, except either in accordance with the terms of the order or the person has been issued a written exemption by the fire chief or fire marshal and the person's use conforms to the terms of the exemption.
B.
The fire chief's order shall:
1.
If it applies to an area less than the entirety of the city, identify the area(s) that are subject to the order;
2.
If the prohibition is to be less than 24 hours a day, state the time period prohibited by the order;
3.
If the prohibition applies to only certain classifications of fireworks, identify the classifications of fireworks subject to the order;
4.
If the prohibition applies to only certain types of activities, identify the prohibited activities; and
5.
Identify those persons who, without a written exemption issued by the fire chief or fire marshal, are exempt from the order. Unless specifically stated in the order, the order has priority over any previously issued general permit, such as a permit to sell fireworks, to conduct open burning, to perform landscaping or construction work, or to use a device that may cause an outdoor spark or flame.
C.
The fire chief may issue a written exception to a person if the fire chief determines that the person will use the fireworks, conduct open burning or engage in other prohibited activities in a manner that meets the purposes of this section and the activities are not likely to cause another person to reasonably believe that the order has been terminated.
D.
The order may be revised, extended or terminated in the same manner as its issuance.
(Ord. 564 § 1, 2022)
The fire chief shall cause notice of the order to be given to the public by:
A.
Posting a copy of the order in a place visible in each fire station of the city, city hall, and library;
B.
Such other means as the fire chief or fire marshal may find provides public notice, e.g., to the local media, city website, local school district.
(Ord. 564 § 1, 2022)
A violation of any provision of this section is a civil violation, and subject to the maximum fine as provided by Section 1.12.010 of this code. Each occurrence shall constitute a separate violation.
(Ord. 564 § 1, 2022)