County Commission OKs ticketing for burn ban violations

Saturday, August 11, 2012

Fort Scott Tribune
By Angelique McNaughtonHerald-Tribune

Fort Scott, Kan. — County Commissioners gave the Bourbon County Sheriff’s Office the green light to begin immediately issuing tickets to local residents caught violating the county-wide burn ban.

Bourbon County Emergency Manager Keith Jeffers told commissioners during the regularly scheduled meeting Friday morning that residents burning trash have caused at least two fires in the county this week, with both occurring in Scott Township since Tuesday.

“The one yesterday near Jayhawk… they burned trash in a barrel and drove away,” he said. “The problem is they see a little bit of rain and think it’s now safe.”

Both of the fires were contained and no significant accidents or injuries resulted, Jeffers said, adding that it took many personnel to contain the fire.

Jeffers said he was asked by the Fort Scott Fire Department to help find a way to strengthen enforcement of the burn ban or offer an alternative to trash burning.

“I was asked to come up here to see if you guys would consider the possibility of a free dump day for county residents,” he said.

Officials with the county fire departments thought the ban would encourage county residents to cease outdoor burning, with the hope of preventing future fires.

However, commissioners decided against the suggestion, fearing it wouldn’t solve the problem and would instead incite ill feelings amongst city and county residents because of the exclusivity of the suggestion.

“I could see that being a big problem,” commissioner Jingles Edincott said.

Commissioners instead agreed that stepping up the enforcement of the ban could possibly reduce the amount of residents burning trash and help the rural fire departments recover from the strain the recent fires caused to the departments that are already running thin on staff and fuel.

“If we hit a couple people with tickets, maybe everyone else will slow down,” Jeffers said.

With fire conditions “very high” in the county, commissioners instituted the county-wide burn ban prohibiting “all outside burning, unless specifically ap-proved in writing by the fire chief” at the end of June. It was amended on July 6 to include covered grills, but it is “highly recommended” by county officials and the fire departments to “maintain a close watch” on the grills to prevent any sparks from escaping.

According to the Burn Ban, resolution 16-12, all violations of the ban constitute a Class A misdemeanor, punishable by up to one year in jail and up to a $2,500 fine. A minimal assessment of $160 will incur through court costs, and if a person is convicted of the offense they face an additional $45 fingerprint fee. If probation ensues, an additional $60 probation fee will result, Bourbon County Attorney Terri Johnson said.

Any fire also has the potential, county officials said, to burn out of control, escaping the violator’s property, which could result in more monetary damages in the form of civil liabilities and court-ordered restitution costs.

Commissioner Allen Warren said the problem is “they don’t think they’ll get caught.”

“The one on Locust was a half mile south of my house,” Warren said. “That one worried me.”

Commission Chairman Harold Coleman said the problem isn’t going to go away.

“We are in a critical situation and it’s not getting any better,” Coleman said.

Undersheriff Bill Martin said the department would start enforcing the burn ban immediately.

In other business:

* Phil Gorman, Fort Scott, asked commissioners about the agreement between the city of Fort Scott and Bourbon County Sewer District No. 1, which covers Lake Fort Scott residents. Commissioners said they would look into it. (See related story, Page 4B.)

* Bourbon County resident Michael Daubben spoke to commissioners about fences in both the Millcreek and Freedom Townships. No action was taken.

The Bourbon County budget hearing for the 2013 budget is scheduled for Monday, Aug. 27.

A time has yet to be determined for the hearing, County Clerk Joanne Long said.

The next regularly scheduled Bourbon County meeting is Monday at 9 a.m. on the second level of the Bourbon County Courthouse.

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