In a unanimous vote, the Ashland City Council approved a change to the city code to create what Police Chief Tighe O’Meara described as a “missing tool” for enforcement when it comes to wildfire. 

State laws and ordinances had a gap if someone accidentally started a fire that did not result in the appropriate amount of property damage. 

“If the fire department gets that fire out before any real property is damaged, there is zero criminal liability for the person that started the fire,”  O’Meara said last Tuesday. 

The first reading of this ordinance to adjust city code would make fires started irresponsibly a violation or a misdemeanor — depending on circumstances such as if the offense was committed during fire season, in a city park or if emergency services were needed to extinguish the fire. 

“As much as something can give us the enforcement tool that we need but still keep it really dialed in so we’re not being overly aggressive with our authority, I think this is a great example of that,” he said. 

Acting City Attorney Doug McGeary stated that, thanks to a question of clarification from Councilor Bob Kaplan, the ordinance when read as a motion for a vote should include some slight adjustments to ensure campfires and lawful fires were not affected by the ordinance. 

“I think you’ve hit it just right. You alerted us to the risk a few weeks ago, and I think council recognized that we needed to add to our toolbelt,” Kaplan said. 

In other council business, councilors unanimously approved an outline plan approval for the annexation of property into city limits for the development of a 37-unit subdivision. The development at 300 Clay St. will include eight affordable units and thereby meet city code requirements for an annexation, said Community Development Director Brandon Goldman. 

The project includes space for additional dwelling units in the backyards of the market rate units for potential additional housing. The development is designed with a redundant street system running north and south to provide some overflow if Clay Street was obstructed in some way and, despite its proximity to the East Main Park site, the nearby streets are anticipated to be able to handle increased traffic volume. 

Council also unanimously approved the second reading of an updated noxious weed ordinance which included changes to the definition of fire season starting May 1 rather than May 15 and, rather than terminating Sept. 30, lasting into Oct. 15 or when the Oregon Department of Forestry declares the end of the season. 

Council approved the Capital Improvements Plan as dually presented by Public Works Director Scott Fleury and Parks Director Rocky Houston. Councilor Gina DuQuenne voted against the plan as she felt it was too expensive. 

“The grants are scarce, I believe we need to be conservative, even with master plans,” she said. 

Councilor Dylan Bloom was absent from the meeting and Councilors Jeff Dahle, Eric Hansen, Doug Knauer and Bob Kaplan voted in favor.