Medford council goes after ‘reckless burning,’ makes it a local misdemeanor

Published 12:15 pm Monday, September 25, 2023

A unanimous Medford City Council Thursday night made “reckless burning” a misdemeanor to punish those responsible for vegetation fires that result in property damage.

The maximum penalty could be a $1,000 fine and up to six months in jail.

Under the ordinance, a person who engages in reckless burning could be excluded from parks or other areas of Medford for up to three months.

“Something that has always troubled me is that burning of public vegetation is not reckless,” said Councilman Nick Card.

The city is surrounded by open spaces where blackberries and other highly flammable vegetation are located, he noted, citing the devastating 2020 Almeda Fire as an example of the dangers.

He said local residents are concerned about maintaining open spaces, wildlife and Bear Creek.

Every summer, Medford fire and police respond to fires along the Bear Creek Greenway and other areas where a homeless person’s campfire has spread to surrounding brush.

The city has also been plagued with other fires, including the 2022 Pacific Pride explosion and fire, as well as arson at a playground in Bear Creek Park earlier this year.

A local transient was sentenced to 17 years for arson in the Pacific Pride fire. No arrests have been made in the playground fire.

The council recently authorized spending more than $400,000 to rebuild a portion of the popular Olsrud Family Community Playground.

In addition to restoring the facility, the city has added extra lighting and will install security features such as surveillance cameras.

The playground fire erupted around 1 a.m. Feb. 9. After passersby reported seeing flames in east Medford, police blocked Siskiyou Boulevard at Eastwood Drive for nearly an hour while firefighters doused the flames. Police said witnesses reported a man with a butane torch had been spotted in the area moments before the blaze.

City Attorney Eric Mitton said reckless burning is already a crime under state law.

However, because it isn’t a local law, law enforcement can’t process the cases through Jackson County Municipal Court.

The ordinance would create a new Medford Municipal Code that would allow processing through the local court and provide a mechanism to exclude an individual from designated areas of the city.

Medford police already enforce exclusion zones, including the downtown, for bad behavior.

Starting a campfire on public property is illegal in the city.

But the new ordinance approved by the council targets a recklessly set fire that escapes and damages property or vegetation.

Under state law, “property” refers to private property of monetary value.

The new local law is designed to provide greater accountability and another avenue for prosecution. It also includes prosecuting someone if the fire spreads to public open vegetation areas, even if those areas don’t have a specific monetary value.

Mitton said the new regulations don’t address burning in a broader sense, such as barbecues or agricultural fires on private property.

In the future, he said, the council can expect code revisions to address these other types of open burning issues.

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