§ 22-98. Burning, dumping or burying waste.

(a)

No person shall cause or permit the open burning of refuse, garbage or other waste material, or shall conduct a salvage operation by open burning.

(b)

An approved disposal area is provided by the city and may be used upon payment of a reasonable dumping/tipping fee at the disposal area.

(c)

The provisions of subsection (a) hereof shall not apply to the following activities:

(1)

Fires used for the noncommercial cooking of food or for ceremonial or recreational purposes, including barbecues and outdoor fireplaces used in connection with any residence;

(2)

Controlled fires used for purposes of forest and wildlife management related to agricultural activities including, but not limited to, clearing previously uncultivated lands and burning of stubble and other debris on a five (5) acre or larger tract of land;

(3)

Smokeless flares, or safety flares, from the combustion of waste gases, provided that all other applicable provisions of the Arkansas Air Pollution Code are complied with;

(4)

Fires, permitted by the fire marshal, for the purpose of:

a.

Eliminating naturally occurring fire hazards where no practical alternative for abatement is available;

b.

Instruction of firefighters in the methods of firefighting or for civil defense instruction;

c.

Warming fire on construction sites, and complying with all applicable codes. (Fires must be confined in a nonflammable container not to exceed thirty (30) inches in width and thirty (30) inches in length.

(5)

Open burning incident to on-site cleanup operations resulting from transportation accidents where, because of the isolated location, the materials to be burned cannot be reclaimed or recovered, or where there is no other practical, safe or lawful method of disposal; provided, however, that the PC&E director shall be notified of the exact location, and the nature and quantities of materials to be burned prior to ignition; and, provided further, that such burning shall be conducted in accordance with the approval of the director.

(6)

Open burning of any material not elsewhere specifically prohibited or exempted in this section and for which there is no practical, safe or lawful means of disposal; except that no person shall cause or permit such open burning without first obtaining a permit from the PC&E in accordance with the provisions set forth in the Arkansas Air Pollution Code.

(d)

No open burning will be allowed in the city for the purpose of clearing large tracts of land (five plus (5 + ) acres) for development (i.e. subdivisions, roadways, commercial, etc.) except under the following conditions:

(1)

The developer/builder must first obtain a burn permit from the fire department.

a.

The cost of the permit will be one hundred dollars ($100.00) to defray the cost of review and monitoring.

b.

Failure to obtain an open-burning permit for a land clearing operation will result in a five-hundred-dollar penalty fee and the delay or revocation of the building permit or subdivision plat.

c.

The burn permit will include provisions set forth in this Code, as well as outline specific instructions regarding size and number of piles of debris, length of time allowed to burn, etc.

d.

Burn permits, requirements, and specific instructions will be determined on a case-by-case basis by the fire marshal after reviewing the permit request.

(2)

Burning will be restricted to the hours of 7:00 a.m. to 5:00 p.m.

(3)

No burning will be allowed within one hundred fifty (150) feet of a structure.

(4)

The builder is responsible for maintaining a firebreak, and such firebreak must be free and clear of all combustible material.

(5)

No petroleum-based products may be burned, i.e. tires, roofing materials, etc.

(6)

Burning will not be permitted when wind conditions are less than six (6) mph or greater than twenty-three (23) mph.

(7)

Burning will require adequate supervision and equipment on site the entire time the fire is burning and until the fire is extinguished and covered.

(8)

The fire department has the authority to extinguish a fire or order it extinguished in the event of noncompliance with the above conditions or in case of the following events:

a.

A change of wind direction that might threaten adjacent property.

b.

In the case of an excessive smoke, ash or odor.

c.

Where life, health, nuisance, or other hazard is indicated to surrounding persons or property.

(Ord. No. B-761, § 3, 6-25-46; Ord. No. H-467, § 3:02, 2-21-78; Code 1961, §§ 11-22, 24-10; Ord. No. K-401, 12-2-91; Ord. No. K-638, §§ 1, 2, 8-18-97; Ord. No. L-223, § 1, 8-15-05)