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Clay County commissioners direct rewrite of red-flag open-burning ordinance, ask for fine schedule and clearer liability language
Summary
After prolonged discussion about enforcement and who can be cited, commissioners asked the county attorney to draft amended language that would add a fine schedule (to limit mandatory court appearances) and clarify which party is legally responsible for unattended or out-of-control burns.
Clay County commissioners on the floor Tuesday asked the county attorney to draft revised language for the county’s red-flag open-burning ordinance to make enforcement more workable and to include a fine schedule that would reduce mandatory court appearances.
The discussion — one of the meeting’s longest — centered on whether the current ordinance, adopted in 2022, implicitly requires anyone cited for a violation to appear in court. The county attorney said the ordinance’s text ties the penalty to the maximum for a class 2 misdemeanor and, as written, “How that is always gonna be…
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