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(1) It is found and declared that:

(a) The livability, health, welfare, and safety of the citizens of the City of Medford are promoted through the means of imposing reasonable regulations on the use of fire and ignition sources, and imposing violations or criminal penalties when the use of fire or ignition sources threatens life or property.

(b) During dangerous fire conditions such as extreme fire danger, and especially during red flag warnings, there is an increased potential for fire ignition and rapid fire spread. Embers are known to travel up to a mile or more and ignite light combustible materials such as dry leaves. Fires that do not produce embers, but are too close to combustibles, can also result in rapid fire spread. These situations are known to create an imminent threat to life and property.

(c) Enforcing existing arson and other burning laws alone does not provide sufficient protection to the public or to public and private property. It is reasonable to regulate the use of fire when it creates an unreasonable threat to life or property and undermines the public’s ability to use public or private property for its intended purpose.

(d) The use of ignition sources, including lighters and smoking materials, on high-risk public areas such as Prescott Park and the Greenways creates an unreasonable risk of starting fires that endanger life and property.

(e) Fires that threaten areas where people live have the potential to further impact available and affordable housing, especially for vulnerable populations.

(f) Where access is limited, or an abundance of fuels are present in areas such as the Greenways, Prescott Park, property near those areas, and dense residential areas, fire spread that overwhelms available emergency resources is more likely to occur.

(g) Smoke is known to be hazardous to public health and safety, especially for vulnerable citizens including young children, seniors, and people with medical conditions such as asthma.

(h) Burning without a permit when a permit is required is hazardous due to production of smoke and increased risk of fire spread.

(i) When prohibited materials are burned, they create excessive, noxious, or toxic products of combustion that threaten health and safety. Burning plastics and rubber is known to produce carcinogens and toxic products that can shorten lifespan. Burning that produces incomplete combustion can produce hazardous byproducts or create excessive smoke that creates a public nuisance or threatens life.

(j) The enactment of Sections 5.751 through 5.766 is necessary to protect the livability, peace, health, and safety of the City and its inhabitants.

(2) Fires described in Sections 5.751 through 5.766 may be summarily abated by the Police Department or Fire Department.

[Added Sec. 3, Ord. No. 2024-29, Apr. 4, 2024.]