Jefferson County adopts ordinance restricting household burning, expands sheriff enforcement

Jefferson County commissioners approved a new fire prevention and protection ordinance (No. 2024-10) following a public hearing in which residents described smoke, persistent smoldering piles and concern about toxic fumes from burning plastics and household trash.

Staff described the ordinance as clarifying when open-fire bans are implemented and giving the sheriff authority to enforce those bans, including authority to issue citations. The proposed text prohibits burning household trash and yard waste where trash pickup is provided and brings county fireworks regulation into alignment with state law. The draft ordinance sets penalties for violations (a first violation of $300, a second violation of $500 and increased penalties for repeat offenders).

Public testimony included multiple residents who said neighbors burned materials that produced strong odors and sustained smoke. Ellen Martin told the board she has a “precancerous condition in my throat” and that smoke from nearby burn piles sometimes fills her home. Dave Moore urged adoption of the ordinance and argued that “partially burned hydrocarbons are carcinogenic,” saying plastics and household trash present a health risk. Allen Burnside described long-standing routine burning of cardboard and asked how permits and inspections would work in practice.

During deliberations, commissioners and staff clarified that certain exemptions (for example, ditch-bank or crop burns regulated by state rules) remain, that the fire department will set permit conditions (materials allowed, timing and safety measures) and that the implementing resolution will specify geographic application rather than changing defined terms in the ordinance language. Staff said notification and outreach would include publication in the local paper and posting on the county website; the fire department will be responsible for permit issuance and enforcement in coordination with the sheriff.

A motion to approve Ordinance No. 2024-10 was moved and seconded; a roll call vote was taken and the ordinance was approved. Commissioners said the ordinance provides enforcement “teeth” to address burning of plastics and nuisance materials and asked staff to work with the fire department on permit procedures and public education during the ordinance’s rollout.

Next steps: staff will finalize implementation guidance with the fire department (permit forms, notification requirements and conditions such as required attendance and allowable start times), publish the ordinance and begin enforcement according to the implementing resolution.