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Home My WebLink AboutOrdinance 4216 FILED FOR RECORD ORDINANCE NO. 4216 �b #.@L2 [f1 njo 11 AN ORDINANCE AMENDING CHAPTER 94: FIRE PREVENT ��1, CODE OF FAYETTEVILLE, TO PROVIDE REGULATIONS HINGTON CO AR OPEN BURNING. K . HARNESS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAI`,SAS: Section1. That Chapter 94: Fire Prevention, Code of Fayetteville, is hereby amended to add the following: §94.07 OPEN BURNING. All acts of open burning shall be in compliance with the following regulations: (A). A.C.A. §8-6- 1701 et seq, Open Burning of Residential Yard Waste. (B). Open burning within the City limits shall require permission from the Fayetteville Fire Department. 1 . Permission may be obtained free of charge and via telephone or other verbal means from any Fayetteville Fire Department authorized personnel. 2. That said permission will only be valid on the date it is given, and all burning on any other dates will require renewed permission. 3 . Permission for open burning may be withdrawn if an offense is caused to neighbors or an unexpected hazard or risk results from the burning such as a fire spread hazard, unexpected wind speed increase, smoke blowing across a highway or road, or other threat to the welfare of personnel. (C). All burning of any allowed material cannot be located closer than fifty feet from any structure or combustible appurtenance. (D). All burning must be attended by a responsible person at all times as long as the fire is burning. (E). When deemed necessary by the Fire Department, a water hose or other means of extinguishment will be required in the immediate vicinity of any burning. (F). The Fire Department is authorized to issue city wide bum bans during any time deemed to be unusually hazardous for burning due to atmospheric conditions or local circumstance. PASSED AND APPROVED this 1 go day of January , 2000. APPROVED• By- F ed Hanna, Mayor AT r EST: By. " ; 7)1eather WoodZ , City Cie 2000013743 y '~ 1, Kathleen Hamaee, 61MA Ciotti and E%•officio Recorder for Washington lour,, Ammsas, do hereby certify that this instrueScflf 9r$e MW for record in my office as indicated herech dhd 189 Same is now duly recorded with the acknoWladgalneht and certificate thereon In Record fieok and Pejo as Indicated thereon. IN WITNESS WHEREOF, I have hereunto set my hard cnd affixed the seal of said Court on the date indi- catod hereon. dathjHanlnea ` -1 cuh •V, ra end Ex,oifIcin Raconder NAME OF FILE: CROSS REFERENCE: Date Contents of File A DMmwne2 ` . ,2 0 r ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 94: FIRE PREVENTION, CODE OF FAYETTEVILLE, TO PROVIDE REGULATIONS FOR OPEN BURNING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 94: Fire Prevention, Code of Fayetteville, is hereby amended to add the following: §94.07 OPEN BURNING. All acts of open burning shall be in compliance with the following regulations: (A). A.C.A. §8-6-1701 et seq, Open Burning of Residential Yard Waste. (B). Open burning within the City limits shall require permission from the Fayetteville Fire Department. 1 . Permission may be obtained free of charge and via telephone or other verbal means from any Fayetteville Fire Department authorized personnel. 2. That said permission will only be valid on the date it is given, and all burning on any other dates will require renewed permission. 3 . Permission for open burning may be withdrawn if an offense is caused to neighbors or an unexpected hazard or risk results from the burning such as a fire spread hazard, unexpected wind speed increase, smoke blowing across a highway or road, or other threat to the welfare of personnel. (C). All burning of any allowed material cannot be located closer than fifty feet from any structure or combustible appurtenance. (D). All burning must be attended by a responsible person at all times as long as the fire is burning. (E). When deemed necessary by the Fire Department, a water hose or other means of extinguishment will be required in the immediate vicinity of any burning. (F). The Fire Department is authorized to issue city wide bum bans during any time deemed to be unusually hazardous for burning due to atmospheric conditions or local circumstance. PASSED AND APPROVED this _ day of 1999. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE Fayetteville City Council Thru: Fred Hanna, Mayor From: Mickey Jackson, Fire Chief-00' Date: January 4, 2000 Re: Open Burning Ordinance I am submitting for your approval a proposed ordinance which would restore to the Fire Department the authority to maintain control over open burning of certain types of refuse in our City. This authority was removed from localities by a State Act that was passed by the 1997 general assembly. The result has been poor due to lack of enforcement at the state level, and it has now reached the point where some citizens are burning at will, with no regard for any kind of precautions or restrictions. Currently, our fire department is somewhat helpless to do much about this. However, if we can get the proposed ordinance enacted, it will restore our authority to maintain the requirements and limitations contained in the ordinance, and to cut out some of the indiscriminate burning now going on. If you have questions or comments about this proposal, please feel free to give me a call at 575-8365 (city ext. 365). Thank you very much for your consideration. MJ/ca RECEIVEV AGENDA REQUEST FORM JAN 0 4 2000 FOR CITY COUNCIL MEETING OF JANUARY 18, 2000 CITY OF FAYETTEVILLE FROM: CITY CLERK'S OFFICE MICKEY JACKSON FIRE DEPARTMENT Name Division mparmunt ACTION REQUIRED: PASSAGE OF AN ORDINANCE PROVIDING REGULATIONS FOR OPEN BURNING O WITHIN THE CITY Q' E R COST TO CITY: .0. Cost of this Request Category/Project Budget Category/Projeat Name Aecouut Number Funds Used To Dote Program Name Project Number Remaining Balanre Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator AdrtdnLttrative Services Director CONTRACT/LEASE REVIEW GRANT APPLICATION REVIEW Arraaw,6'Mavger Date City Attorney Duh Purchasing OlDaer Daft Internet Andhor Date Internal AudBor Date STAFF RECOMMENDATION Ia � - / -024-:!o0 CROSS REFERENCE Dah / - y - �boU NEW ITEM: YES DDate / — `F -lo't PREV/ORD/RES#: RES # N/A Live Date ww ORIG. CONTRACT DATE: N/A w Date CONTRACT # N/A FAYETTEVILE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mickey Jackson, Fire Chief From: Heather Woodruff, City Clerk Date: January 21 , 2000 Attached is a copy of the ordinance amending the Fire Code for your records. The original will be microfilmed and filed with the City Clerk. ORDINAN0. 4216 STATE OF ARKANSAS AN ORDINANCE AMENDING S CHAPTER 94: FIRE PREVEN- County Of Washington TION, CODE OF FAYETTE- VILLE, TO PROVIDE REGU- LATIONS FOR OPEN BURN- 11 J , hereby certify that I am the of THE ING. NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class BE IT ORDAINED BY THE mailing privilege, and being not less than four pages of five columns each, CITY COUNCIL OFTHE CITY published at a fixed place of business and at fixed (daily) intervals OF FAYETTEVILLE, ARKANSAS: continuously in the City of Fayetteville, County of Washington, Arkansas for Section I . That Chapter 94: more than a period of twelve months, circulated and distributed from an Fire Prevention, Code of Fayet- established place of business to subscribers and readers generally of all teville, is hereby amended to classes in the City and County for a definite price for each copy, or a fixed add the following: price per annum, which price was fixed at what is considered the value of the §94.07 OPEN BURNING. All ublication, based u on the news value and service value it contains, that at acts of open burning shall be in P P compliance with the followingleast fifty percent of the subscribers thereto have paid for their subscriptions regulations' - to the newspaper or its agents or through recognized news dealers over a (A). A.C.A. §8-6-1701 at seq, period of at least six months and that the said newspaper publishes an Open Burning 'of Residential average of more than forty Yard Waste. 9 percent news matter. City Open burning within the I further i that thele al notice attached in the matter of City limits Shall require permis- /the legal from the Fayetteville Fire Department. ' 1. Permission may be obtained / free of charge and via tele- was published in the regular daily Issue of said newspaper for phone or other verbal means P g y from any Fayetteville Fire De- consecutive insertions as follows: partment authorized personnel. 2. That said permission will only The first insertion on the / day of 20� be valid on the date it is given, I and all burning on any other dates will require renewed per- the second insertion on the day of 20 — mission. i 3. Permission for open burning the third insertion on the day of 20 may be withdrawn if an offense is caused to neighbors or am unexpected hazard or risk re- the fourth insertion on the ay of 20 — sults from the burning such as a fire spread hazard, unexpect- ed wind speed increase, smoke L - - - blowing across a highway or � er r/General Manager read,'or other threat to the wel- g e fare of personnel. / 1 (C). All burning of any allowed Sworn to and subscribed before me on this day of material cannot be located clos- er than fifty feet from any strut- 20� tare or combustible appurte- nonce. [ � 0 (D). All burning must be attend4111141111111"ll 'i - ed by a responsible person , Notary Public is . all times as long as the fire is t: O11L7105 burning. $IpNt czcxac+'C «acaaa (E). When deemed necessary My Commission Expires: � by the Fire Department, a water hose or other means of extin. guishment will be required in Fees for Printing $ the immediate vicinity of any """"""""""""""" burning. (F). The Fire Department is au- Cost of Proof.............................................................$ thorized to issue city wide burn / bans during any time deemed to be unusually hazardous for Total..........................................................................$ burning due to atmospheric conditions or local circum- stance. —' PASSED AND APPROVED this 18th day of January, 2000. APPROVED: I By: Fred Hanna, Mayor I ATTEST: By: Heather Woodruff r City Clerk