HomeMy WebLinkAbout12/10/2024 09.F. Ordinance amending City of Yakima Municipal Code Section 6.56.050 Depositing or burning material (--
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.F.
For Meeting of: December 10, 2024
ITEM TITLE: Ordinance amending City of Yakima Municipal Code Section 6.56.050
Depositing or burning material
SUBMITTED BY: Jeffrey Schaap, Senior Assistant City Attorney
SUMMARY EXPLANATION:
Unlawful burning in public has been a reoccurring issue within the City. The current ordinance used to
enforce the prohibition against "unlawful burning" in public is YMC 6.56.050, "Depositing or burning
material." This ordinance was enacted in 1935 and has not been amended since its enactment. The
ordinance reads, "The depositing or burning or causing to be deposited or burned in any street, alley or
other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, manure,
leaves, grass, or other rubbish or material is declared to be a nuisance." A violation of this section is a
misdemeanor pursuant to Yakima Municipal Code 6.02.050. Since the enactment of this section, other
ordinances have been adopted relating to littering and/or depositing waste and rubbish. This section is
currently only used to enforce the prohibition against burning in public.
The proposed amended ordinance removes the references to depositing materials and makes causing a
fire (regardless of what is being burned) on public property a violation. Moreover, the proposed
ordinance gives broader meaning to "causes a fire," to include starting a fire, adding fuel to a fire, or
stoking a fire by some affirmative action. Thus, this proposed ordinance simplifies the language in the
existing ordinance and allows for greater potential enforcement by broadening the definition of"causes a
fire." The proposed ordinance also includes exceptions for lawfully authorized fires.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
Ord-Amending YMC 6.56.050_Depositing or Burning Material_w-track changes.pdf
Ord-Amending YMC 6.56.050_Depositing or Burning Material_Final.doc
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ORDINANCE NO. 2024-
AN ORDINANCE amending the City of Yakima Municipal Code section 6.56.050,
"Depositing or burning material."
WHEREAS, Yakima Municipal Code 6.56.050, adopted in 1935, prohibits the burning of
numerous substances in any street, alley or other public place which is open to travel; and
WHEREAS, the burning of unauthorized fires in public places constitutes a public safety
risk and is a nuisance; and
WHEREAS, the burning of unauthorized fires in public places is a reoccurring issue
within the City of Yakima; and
WHEREAS, amending Yakima Municipal Code 6.56.050 to prohibit unlawful burning on
public property regardless of what is being burned and to define "cause a fire" to include
starting a fire, adding fuel to a fire, or stoking a fire, furthers the interest of the City in prohibiting
unlawful fires in public; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 6.56.050, is amended to read as follows:
6.56.050 Depositing or burning materialUnlawful burning on public property.
A. A person is guilty of unlawful burning on public property if he or she
knowingly causes a fire on public property. The depositing or burning or causing
to be r epocited orb rned in any ctreet alloy or other p blic plane n ihich is open
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to travel, of any hay, straw, paper, wood, boards, boxes, manure, leaves, grass,
or other rubbish or material is declared to be a nuisance.
B. For purposes of this section "causes a fire" means to start a fire, to add fuel
to a fire, or to stoke a fire by some affirmative action.
C. This section shall not apply to:
1. Governmental officials acting within the scope of their official
duties.
2. Fires permitted in parks or playgrounds pursuant to YMC
13.16.050 or any other park regulation.
3. Any fire allowed under a special event permit or other permit
issued by the City of Yakima. Such permit shall be presented to
law enforcement or other city official upon demand.
D. Unlawful burning on public property is declared to be a nuisance.
E. A violation of this section is a misdemeanor punishable by up to 90 days in
jail and/or a $1,000 fine.
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Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this 10th day of
December , 2024.
ATTEST: Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
Publication Date:
Effective Date:
3
326
ORDINANCE NO. 2024-
AN ORDINANCE amending the City of Yakima Municipal Code section 6.56.050,
"Depositing or burning material."
WHEREAS, Yakima Municipal Code 6.56.050, adopted in 1935, prohibits the burning of
numerous substances in any street, alley or other public place which is open to travel; and
WHEREAS, the burning of unauthorized fires in public places constitutes a public safety
risk and is a nuisance; and
WHEREAS, the burning of unauthorized fires in public places is a reoccurring issue
within the City of Yakima; and
WHEREAS, amending Yakima Municipal Code 6.56.050 to prohibit unlawful burning on
public property regardless of what is being burned and to define "cause a fire" to include
starting a fire, adding fuel to a fire, or stoking a fire, furthers the interest of the City in prohibiting
unlawful fires in public; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 6.56.050, is amended to read as follows:
6.56.050 Unlawful burning on public property.
A. A person is guilty of unlawful burning on public property if he or she
knowingly causes a fire on public property.
B. For purposes of this section "causes a fire" means to start a fire, to add fuel
to a fire, or to stoke a fire by some affirmative action.
C. This section shall not apply to:
1. Governmental officials acting within the scope of their official
duties.
2. Fires permitted in parks or playgrounds pursuant to YMC
13.16.050 or any other park regulation.
3. Any fire allowed under a special event permit or other permit
issued by the City of Yakima. Such permit shall be presented to
law enforcement or other city official upon demand.
D. Unlawful burning on public property is declared to be a nuisance.
E. A violation of this section is a misdemeanor punishable by up to 90 days in
jail and/or a $1,000 fine.
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
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327
PASSED BY THE CITY COUNCIL, signed and approved this 10th day of December,
2024.
ATTEST: Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
Publication Date:
Effective Date:
2
328