8.05.060 Conditions of permits.
A. Each permit shall comply with all applicable Tribal ordinances and federal health and sanitation laws. The Tribe will notify permittees of any additional conditions that may be added to current permit regulations as the Tribal Council enacts them.
B. Burning is allowed when there is minimal wind (less than 10 mph) or designated county burn days. Burn hours begin at 6:00 a.m. and finish at 4:00 p.m. No fires shall be started at 4:00 p.m. Any fires smoldering must be out by 4:00 p.m. There will be no burning outside these hours.
C. The following items if burned can be hazardous to the welfare of everyone. People more sensitive to the items listed below are elders, pregnant women and children. Many of the byproducts of the following materials can cause, but not be limited to, cancer, delayed development in children and fetuses, bronchial complications and miscarriage. Therefore there is no burning of the following materials:
1. Plastic products, including but not limited to diapers, plastic wrap, etc.;
2. Magazine type paper (glossy or shiny);
3. Rubber, including but not limited to, tires;
4. Housing debris, including but not limited to asphalt shingles, tarpaper, linoleum, carpeting, upholstery, etc.;
5. Vehicle parts;
6. Used motor oil;
7. Creosote or pressure treated wood;
8. Animal remains; or
9. Any material that emits dense smoke or noxious odors.
D. A burn barrel must be at least 15 feet from any structure. There must be at least a 10-foot diameter cleared around the exterior of the burn barrel, maintained free and clear of all flammable material and vegetation. All openings greater than one-quarter inch on the burn barrel must be screened. A burn barrel must have a screened lid.
E. An open burn must have a special permit issued by the Tribal office and be in the designated area. The fire must be at least 20 feet from any structure. There must be at least a 10-foot diameter clearance around the exterior of the open fire, maintained free and clear of all flammable material and vegetation. A responsible person must maintain the fire at all times until the fire is cold.
F. Burn barrels must be maintained in good condition and emptied on a regular basis.
G. Anyone burning contrary to the above written requirements will be subject to a written violation notice by the Chairperson or their authorized designee. The notice will include the violation and the time during the day that the violation occurred.
H. After the first written notice, violating parties will be subject to a $25.00 fine for the first offense and $50.00 thereafter. For members on the Tribe’s water system, fines may be added to the water bill. If it is a residence of the lower section of the Reservation, that resident will be billed for the violation.
I. Any person receiving the violation notice shall have the right to contest the issuance of the violation by appealing to the Tribal Council at the regularly scheduled council meeting or within 24 hours to the Tribal Administrator. [Amended 5/13/02; Ord. 06-01 Art. VI, approved 4/7/01.]