The county’s burn ban technically was a proclamation of a local emergency, as provided for under state statue K.S.A. 48-932.
The statute allows the chairman of the county commission in any county with a disaster plan to issue a seven-day proclamation, which cannot be renewed except with the consent of a majority of the full county commission.
The proclamation issued Tuesday with the full commission’s consent says it will be effective for seven days and continue thereafter until rescinded by the commission.
The county is required to give the proclamation “prompt and general publicity.” The full noticed was given to this newspaper as a news story, not a public notice advertisement.
The proclamation makes it illegal to:
- Carelessly discard smoking materials.
- Build an open fire or campfire except in a permanent stove, fireplace, or barbecue grill within a designated recreational or residential area.
- Intentionally burn fencerows, fields, pastures, grassland, or ravines.
- Use welding or torch equipment without fire protection equipment on site.
It directs law enforcement officers and firefighters to enforce the order and establishes violation as a misdemeanor punishable by a fine of up to $2,500, up to one year in jail, or both.