11-871. Emissions control; no burn; exemptions; penalty

A. A county that contains any part of area A, as defined in section 49-541, shall develop, implement and enforce in area A, as defined in section 49-541, an ordinance relating to residential wood burning restrictions, including a no burn restriction when monitoring or forecasting by the department of environmental quality predicts the carbon monoxide standard is likely to be exceeded.

B. On or before October 31, 2007, a county that contains any part of area A, as defined in section 49-541, shall amend the ordinance prescribed by subsection A of this section to include a no burn restriction for any high pollution advisory day forecast by the department of environmental quality for particulate matter.

C. The ordinance shall provide an exemption for the use of residential wood stoves, wood fireplaces or gas fired fireplaces that comply with any of the following:

1. Provides the sole or primary source of heat or fuel for cooking for a residence.

2. Meets performance standards for new residential wood heaters manufactured on or after July 1, 1990 or sold at retail on or after July 1, 1992 as prescribed by 40 Code of Federal Regulations part 60, subpart AAA.

3. Burns gaseous fuels, including gas logs.

4. Meets rules adopted by the board of supervisors as prescribed in section 49-479 for burning wood in approved appliances.

D. The ordinance shall provide that a person who violates an ordinance adopted pursuant to this section is subject to:

1. A warning for the first violation.

2. The imposition of a civil penalty of fifty dollars for the second violation.

3. The imposition of a civil penalty of one hundred dollars for the third violation.

4. The imposition of a civil penalty of two hundred fifty dollars for the fourth or any subsequent violation.

E. For violations of ordinances adopted pursuant to this section, the control officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The control officer may issue citations to persons in violation of ordinances adopted pursuant to this section.