The Anchorage Assembly voted this week to reinstate fines for open burning in the height of fire season after the penalties for such offenses were removed last June during a code rewrite.
Brian Balega, fire investigator for the Anchorage Fire Department, said he discovered the removal last year after he issued a citation to a man who set fire to a demolished garage. But the ticket was dismissed at the man's hearing because, while the code still rendered that type of burning illegal, there was no longer an associated fine, Balega said.
"We went, 'Holy moly, we no longer have fines. What do we do now to fix it?'" said Cleo Hill, AFD fire marshal.
Municipal Attorney Dennis Wheeler said it was believed at the time of the removal that new misdemeanor offenses would cover illegal open burning. But Balega discovered that the misdemeanors required proof not always present at fires deemed dangerous, Wheeler said. Balega said the only option he had was to arrest someone for open burning and he did not want to tie up the court system.
Under the new ordinance, fines for open burning have increased from $75 to a graduated fine that starts at $150 for the first offense, doubles to $300 for the second offense and rises to $600 for the third, Wheeler said. He said the danger of open burning warrants the higher fines.
"Reinstating the fines in the Title 14 fine schedule provides the most efficient and effective process for enforcement and appeals of citations," Wheeler said in an email.
Alaska's fire season runs from April to the end of August and the fire department is bracing for a hot and dry summer, said John See, AFD forester. On Friday, AFD issued a high fire danger alert and warned that outdoor fires, including campfires and burn pits, are prohibited until further notice. However, barbecue grills and fish smokers are still allowed, the alert said.
Fires outlawed in municipal code include those larger than 3 feet in diameter and 2 feet in height, which require a burn permit. Open fires also must be at least 25 feet from structures, trees, fences and vegetation. Contained fires in chimeneas or portable fire pits must be at least 15 feet away, said See.
Burn barrels are not allowed. People cannot burn trash, Balega said.
Hill said AFD usually enforces the code through education. "We provide education and they understand what they shouldn't be doing," she said. Balega's experience with repeat offenders triggered the graduated fines, Wheeler said.
The ordinance passed Tuesday by the Assembly also reinstated fines for emissions. The fines will remain the same as they were before their removal, most at $75.
The Anchorage Department of Health and Human Services' Air Quality Program enforces emission standards, said Jennifer Ruggles, DHHS spokesperson.
Ruggles said the program fields 70 to 90 air quality complaints per year, ranging from excessive vehicle exhaust to outdoor burners to dust from sweeping and leaf blowers. Most complaints are resolved by employees talking to the alleged offender, Ruggles said.
See said anyone with questions on what burning is allowed can call the burn information hotline at 267-5020.