A. 
The purpose of these guidelines is to help provide a uniform system for political subdivisions in southern Navajo County to determine what fire restrictions are needed and when they are to be put into place during emergency fire conditions. In addition, one (1) goal of these guidelines is to have neighboring jurisdictions work together to try to establish a uniform date for implementation of fire restrictions.
B. 
It shall be the duty of the Town’s Emergency Management Director after consultation, if necessary, with the U.S. Forest Service ("USFS"), local fire districts/fire departments, other emergency management directors in the region, etc., to initiate fire restrictions within the Town during emergency fire conditions.
C. 
The Town’s Emergency Management Director will utilize the National Fire-Danger Rating System (NFDRS) and Fire Preparedness level indicators (https://www.fs.usda.gov/detail/inyo/home/?cid=stel-prdb5173311) to help determine when such fire restrictions are necessary. As a general guideline, emergency fire restrictions should be considered when the energy release components (ERCs) reading reaches ninety (90%) percent for at least five (5) consecutive days.
D. 
The Town’s Emergency Management Director shall attempt to coordinate with the Emergency Management Director for Navajo County and fire officials in the region, a uniform date for implementing fire restrictions.
E. 
When the Town’s Emergency Management Director, after consultation with the Town Manager, determines that fire restrictions are necessary and the date of implementation has been determined, the Town’s Emergency Management Director will direct that appropriate fire restrictions be ordered, and will notify the public of the nature and extent of the fire restrictions and the effective date. Fire restriction information needs to be disseminated not only to local residents, but to visitors and tourists as well.
F. 
Upon issuance of the initial order, the Town Manager authorizes the Emergency Management Director to modify the restriction level or cancel the restrictions as conditions warrant per National Fire-Danger Rating System (NFDRS) and Preparedness Level indicators to determine the cancellation of restrictions. The Emergency Management Director shall immediately notify the Mayor and Town Manager of any changes in restrictions.
(Ord. 05-249 § 2 (part); Ord. 12-362; Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
A. 
Attendance.
Open burning, bonfires or recreational fires shall be constantly attended until the fire is completely and properly extinguished. Appropriate tools, equipment or approved devices and approved extinguishing agents such as dirt, sand, water or approved appropriate fire extinguishers shall be readily available for immediate utilization. A fire shall be considered "unattended" if it is not constantly monitored with the appropriate tools and equipment and properly extinguished.
B. 
"Authority having jurisdiction (AHJ)"
means an entity that has the authority and responsibility for developing, implementing, maintaining, and overseeing the qualification process within its organization or jurisdiction. This may be a state or Federal agency, training commission, NGO, private sector company, or a tribal or local agency such as police, fire, or public works department. In some cases, the AHJ may provide support to multiple disciplines that collaborate as a part of a team (e.g., an incident management team).
C. 
"Bonfire"
means an outdoor fire utilized for ceremonial purposes and shall not be less than fifty (50) feet (fifteen thousand two hundred forty (15,240) mm) from any structure.
D. 
"Charcoal fire"
means an open outdoor fire which uses primarily charcoal as the combustible material, and which is used only for the purpose of cooking food.
E. 
"Combustion engine"
means an engine which generates mechanical power from a fuel. This includes an engine in which combustion is intermittent such as four (4) stroke, two (2) stroke, gas turbines, and diesel engines.
F. 
"Deliberate or negligent"
burning means to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property.
G. 
"Emergency Management Director"
means a person who is designated as such by the Town Manager.
H. 
"Explosive or reactive targets"
means targets that are reactive or explosive in nature and create a big bang and/or a cloud of smoke such as targets that use Tannerite.
I. 
"Factory Mutual (FM)"
is the independent testing arm of the international insurance carrier, FM Global. FM approvals use scientific research and testing to make sure products conform to the highest standards for safety and property loss prevention.
J. 
"Firearm"
means a weapon that launches one (1) or more projectiles at a high velocity through the confined burning of a propellant.
K. 
"Fireworks"
means any combustion or device consisting of a combination of explosives and combustible detonated to generate colored lights, model rockets, pyrotechnic displays, smoke, and noise for amusement or entertainment purposes.
L. 
"Flue"
means a pipe, tube, channel, duct or passage through which hot air, gas, steam, smoke or fire may pass, such as a chimney, stovepipe or stack.
M. 
"LPG"
is a type of fuel consisting of hydrocarbon gases in liquid form. LPG is an abbreviation for "liquefied petroleum gas."
N. 
"Open outdoor fire"
means any burning, oxidation or combustion of combustible material of any type in the open where the products of combustion are not directed through a flue to include the use of fire for the purpose of weed/debris abatement.
O. 
"Outdoor fireplace/commercial smoker"
means devices that have been manufactured and/or built to current, approved, and tested standards (UL or FM listed or equivalent) or to approved building codes.
P. 
"Recreational fire/campfire"
means burning of materials other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit with a total fuel area of three (3) feet (nine hundred fourteen (914) mm) or less in diameter and two (2) feet (six hundred ten (610) mm) or less in height for pleasure, religious, ceremonial, cooking or similar purposes. Recreational fires shall not be conducted within twenty-five (25) feet (seven thousand six hundred twenty (7,620) mm) of a structure or combustible material.
Q. 
"Red flag warning" or "red flag conditions"
means a determination by the National Oceanic and Atmospheric Administration to inform the Town and other agencies of the imminent or actual occurrence of extreme fire danger or extreme fire conditions.
R. 
"Special event"
means a one (1) time or infrequently occurring event outside normal programs or activities of the sponsoring or organizing body.
S. 
"Underwriters Laboratories (UL)"
is a global safety science company, and the largest and oldest independent testing laboratory in the United States. Underwriters Laboratories tests the latest products and technologies for safety before they are marketed around the world.
T. 
"Developed site"
means an area, public or private, which has been improved or developed for the safe use of fire. The developed site must include a minimum radius of fifteen (15) feet surrounding the fire and/or combustion site that is barren and cleared of vegetation and combustible materials. The area above said fifteen (15) foot radius must also be cleared of all vegetation and combustible materials.
U. 
"Smoking"
means burning, smoldering or lit cigarettes, cigars, cigarillos, smoking pipes or other smoking products containing tobacco or other plant material.
(Ord. 05-249 § 2 (part); Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
It shall be unlawful for any person to start, ignite, cause or permit to be ignited, or to allow or maintain any open outdoor fire except as allowed by permit through the Town, the applicable fire district, or the Arizona Department of Environmental Quality, as set forth in A.R.S. Title 49.
During "red flag warning" conditions, as posted by the National Weather Service, no open outdoor fires, campfires, charcoal fires, agricultural burning or outdoor smoking are permitted on either public or private property within the Town.
The following fires are exempted from these fire restrictions:
A. 
Fires used only for cooking of food or for providing warmth for human beings in an area that is designated for that purpose and is barren or cleared of all debris. A person of appropriate age must maintain presence at all times when in operation. A fire shall be considered unattended if it is not constantly monitored with the appropriate tools and equipment and properly extinguished.
B. 
Fires used for the purpose of branding of animals, for the purpose of frost protection in farming or nursery, or for the disposal of flags pursuant to federal law. A person of appropriate age must maintain a presence at all times when in operation. A fire shall be considered unattended if it is not constantly monitored with the appropriate tools and equipment and properly extinguished.
C. 
Any fire set or permitted by any public official in the performance of official duty, if such fire is set or permission given for the purpose of instruction in the methods of fighting fires or the control of an active wildfire.
D. 
Fires set by or permitted by authority of the Director of the Arizona Department of Agriculture or Navajo County agricultural agents for the purposes of disease and pest prevention.
E. 
Fires authorized by special use permit as issued by the Town’s Emergency Management Director, Fire District or Fire Department.
F. 
Fires set by or permitted by the federal government or any of its departments, agencies or agents or the state or any of its agencies, departments or political subdivisions for the purpose of watershed rehabilitation or control through vegetative manipulation.
G. 
Fires permitted by any rule or regulation issued pursuant to A.R.S. Title 49, by any special or conditional permit issued by a hearing board established under A.R.S. Title 49, or by any rule or conditional permit issued pursuant to A.R.S. Title 49, and when pursuant to A.R.S. § 49-402, the Arizona Department of Environmental Quality has assumed jurisdiction of the county in which the fire is located.
(Ord. 05-249 § 2 (part); Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
In addition to the fire restrictions set forth in Section 8.04.030, the following emergency fire restrictions when ordered and in effect shall apply to all public and private properties:
A. 
During "red flag warning" conditions, as posted by the National Weather Service, no open outdoor fires, campfires, charcoal fires, agricultural burning or outdoor smoking shall be permitted on either public or private property within the Town.
B. 
When it has been determined by the Emergency Management Director, after consultation with the Town Manager and the Mayor, that additional fire restrictions are needed to assure the safety of the public, the Town’s Emergency Management Director will initiate the appropriate restriction stage level.
C. 
Except as specifically allowed under the fireworks ordinance, it shall be unlawful for any person to use fireworks when emergency fire restrictions are in effect. Prohibitions of fireworks include but are not limited to consumer fireworks, ground and hand-held sparkling devices, cylindrical fountains, cone fountains, illuminating torches, wheels and ground spinners in the Town.
(Ord. 05-249 § 2 (part); Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
A. 
The following acts are prohibited until further notice:
1. 
Igniting, building, maintaining, attending, or using a fire or campfire fueled by combustible materials such as wood, charcoal, briquettes, and/or coal.
Exemption: Fires fueled by combustible materials, such as wood, wood pellet smokers, charcoal, briquette, and/or coal, used only for the cooking of food or for providing warmth for human beings or for recreational purposes (campfires and charcoal fires) must be in developed site, as defined in Section 8.04.020.
Exemption: Use of the following items are permitted: propane fire rings, pellet stoves/smokers/grills that have UL or FM approval and are a contained unit. A person of appropriate age must always maintain a presence when in operation.
2. 
Smoking outdoors.
Exemption: Smoking within an enclosed vehicle is allowed. Smoking may also be allowed in or on porches, carports, garages, parking lots and other areas or properties which are cleared of all combustible materials so long as the smoking does not create a substantial risk of fire. All smoking materials must be properly extinguished and disposed of in an appropriate manner. At no time is it allowed to discard lit cigarettes, cigars, or other smoking materials from a vehicle, or from one’s possession in a public place. ARS § 13-1603.a.1.
3. 
Use of any and all consumer fireworks. Exemption: None.
4. 
Use of explosive targets, tracer rounds, and/or incendiary ammunition. Exemption: None.
B. 
Additional Exemptions During Stage 1.
1. 
Persons obtaining a written special use permit from the authority having jurisdiction that specifically authorizes the otherwise prohibited act.
2. 
Emergency repair of public utilities and mitigation measures are implemented as outlined in an emergency plan.
3. 
Any federal, state, or local officer or member of an organized rescue or firefighting force in the performance of an official duty.
4. 
Other exemptions unique to each authority having jurisdiction.
**An exemption does not absolve an individual or organization from liability or responsibility for any fire started by the exempted activity. A person who commits an act in violation of this chapter that results in an appropriate emergency response or investigation and who is convicted of the violation may be liable for the expenses that are incurred incident to the emergency response and the investigation of the commission of the offense in accordance with A.R.S. § 13-1709, Emergency response and investigation costs; civil liability.
(Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
Stage 2 intensifies the restrictions in effect from Stage 1 by focusing on activities that have a high risk of causing a fire to start.
A. 
The following acts are prohibited at all times under Stage 2, unless an exemption is listed:
1. 
Building, maintaining, attending, or using a fire, campfire, charcoal, coal, or wood including fires in developed campgrounds or improved sites.
Exemption: Devices used only for the cooking of food or for providing warmth for human beings in an area that is designated for that purpose and is barren or cleared of all debris for three (3) feet in diameter around the device.
2. 
Smoking outside of designated areas.
Exemption: Designated areas for smoking include inside of an enclosed building and inside vehicles. Smoking may also be allowed in or on porches, carports, garages, parking lots and other areas or properties which are cleared of all combustible materials so long as the smoking does not create a substantial risk of fire, and all smoking materials are properly extinguished and disposed of. At no time is it allowed to discard lit cigarettes, cigars, or other smoking materials from a vehicle, or from one’s possession in a public place. ARS § 13-1603.a.1.
3. 
Outdoor mechanical and industrial prohibitions:
a. 
Operating any electric device or internal combustion engine in the course of mechanical or industrial operations that would produce open flames or sparks.
b. 
Welding, or operating acetylene or other torch with open flame.
c. 
Using an explosive.
Exemption: Industrial operations where specific operations and exemptions are identified, and mitigation measures are implemented as outlined by the authority having jurisdiction.
Exemption: Welding, or operating acetylene or other torch with open flame in an enclosed or developed area designated for that purpose that is equipped with appropriate fire protection.
Exemption: Persons operating equipment with UL and/or FM approval and spark arrestors such as chainsaws (electric or internal combustion engine), lawnmowers and landscaping equipment in maintained landscaped space.
4. 
Operating motorized vehicles off designated roads and trails.
Exemption: Operating motorized vehicles on designated roads and trails so long as you park in an area devoid of vegetation within ten (10) feet of the roadway.
5. 
Use of all consumer fireworks.
Exemption: None.
6. 
Use of explosive targets, tracer rounds or incendiary ammunition.
Exemption: None.
7. 
Use of tracer round ammunition.
Exemption: None.
8. 
Discharging firearms.
Exemption: Any federal, state, or local law enforcement officer, or member of an organized rescue or firefighting force in the performance of an official duty.
Exemption: Discharging firearms is permissible while engaged in a lawful hunt pursuant to state, federal or tribal laws or regulations or in an agencydesignated shooting range or law enforcement officials in the course of their duties.
B. 
Additional exemptions during stage 2:
1. 
Persons obtaining a written special use permit from the authority having jurisdiction that specifically authorizes the otherwise prohibited act.
2. 
Operating generators with a UL and/or FM approval and an approved spark arresting device within an area that is barren or cleared of all overhead and surrounding flammable materials within three (3) feet of the generator.
3. 
Emergency repair of public utilities and mitigation measures are implemented as outlined in an agency plan.
4. 
Persons conducting activities in those designated areas where the activity is specifically authorized by written posted notice.
5. 
Other exemptions unique to each authority having jurisdiction.
**An exemption does not absolve an individual or organization from liability or responsibility for any fire started by the exempted activity. A person who commits an act in violation of this chapter that results in an appropriate emergency response or investigation and who is convicted of the violation may be liable for the expenses that are incurred incident to the emergency response and the investigation of the commission of the offense in accordance with ARS § 13-1709, Emergency response and investigation costs; civil liability.
(Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
The following fires are excepted from the provisions of the emergency fire restrictions set forth in this chapter:
A. 
Fires set or permitted by any public officer, federal, state or local, in the performance of their official duties.
B. 
Fires set or permitted by the State Entomologist or Navajo County agricultural agents for the purpose of disease and pest prevention.
C. 
Fires set or permitted by the federal government, the State of Arizona or the White Mountain Apache Tribe, the State of Arizona or any of their respective departments, agencies or political subdivisions for the purpose of fire prevention or control, or watershed rehabilitation or control through vegetative manipulation.
D. 
Fires permitted by the Town’s Emergency Management Director or his designee. The conditions of the permit, including permitted date(s), nature of the burning, etc., shall be on every such permit issued.
(Ord. 05-249 § 2 (part). Formerly 8.04.050; Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
The failure to obey a lawful order by the Town’s Emergency Management Director or designee, a certified police officer, a firefighter or other officer of a fire district/fire department, uniformed personnel or certified peace officer of the U.S.F.S. or failure to comply with the requirements of this chapter (including without limitation an order to extinguish or put out any lit, burning or smoldering materials during emergency fire restrictions) shall be a distinct and separate violation of this chapter.
(Ord. 05-249 § 2 (part). Formerly 8.04.060; Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))
A. 
Civil Violation. When a violation of this chapter is undesignated or designated a first offense by the police officer, other enforcement official or the Town Attorney, a person found to have been in violation of this chapter shall be deemed to have committed a civil offense and shall be subject to a civil penalty of not less than five hundred dollars ($500.00) nor more than one thousand five hundred dollars ($1,500), plus surcharges, fees and court costs, plus restitution for medical treatment required, reimbursement for emergency response personnel and equipment and any property damage or any other economic loss suffered by any person as a result of such violation.
B. 
Criminal Violation. When a person convicted of a violation of this chapter is a person who has been previously convicted of a violation of a provision of this chapter within a period of twelve (12) months, or has refused to obey the lawful order of an officer as set forth in Section 8.04.080, the person shall be deemed to have committed a Class I misdemeanor, pursuant to A.R.S. Title 13, Chapters 6, 7 and 8, as amended, and shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than two thousand five hundred dollars ($2,500) for each violation or count, plus surcharges, fees and restitution for medical treatment and property damage or any other economic loss suffered by any person as a result of such violation, and may include up to six (6) months in jail.
C. 
Continuing Violations. If any violation of this chapter continues, each day’s violation shall be deemed as a separate violation, as long as the police officer or enforcement official notes the dates or the number of days on the citation(s).
(Ord. 05-249 § 2 (part). Formerly 8.04.070; Ord. 19-421 § 1 (part); Ord. 25-484 § 1 (Exh. A))