Sections:
7.32.01 Unlawful to burn
7.32.02 Exceptions
7.32.03 Monitoring
7.32.04 Penalties
7.32.05 Definitions
7.32.06 Enforcement
7.32.07 Saving clause
7.32.08 Severability clause
7.32.09 Effective date
7.32.01 Unlawful to burn. It shall be unlawful for any person to burn, or cause to be burned, trash, refuse, food waste, animal substance or parts thereof, tires, shingles, manufactured materials, combustibles, any chemical substance which is a hazardous chemical or hazardous substance that would create a hazardous or offensive condition in any residential area within the city limits of the city of Mayflower, Arkansas, or in any public right-of-way.
During periods of time in which Faulkner County institutes a burn ban for the entire county, the city of Mayflower prohibits any burning for the duration of the burn ban. Additionally, the Chief of the Mayflower Fire Department, with approval from the Mayor, may institute a burn ban for the city limits when deemed necessary to protect property only when weather or drought conditions cause an increase in wildfire danger.
It shall be unlawful for any person within the city limits, in any way, to intentionally, knowingly or carelessly burn or cause to be burned any combustibles which causes noxious smoke, or toxic smoke. Such release of smoke is hereby declared a nuisance and is hereby prohibited.
The burning of yard waste in city storm water runoff ditches is prohibited.
7.32.02 Exceptions. The burning of leaves, yard trimmings, and other natural yard refuse is allowed, unless there is a burn ban in effect. Persons desiring and needing to burn yard refuse, leaves, and grass clippings within the city limits of the city of Mayflower should first contact the Fire Department by phone, or in person, and so notify that such burning is going to take place. Such notification will specify who will be doing the burning, where the burning is going to take place, and on what date and time. This information is necessary for the public purpose to avoid having the Fire Department unnecessarily dispatched to a lawful fire. In addition, should the burning get out of control the Fire Department will know in advance that a bum was planned and who is responsible.
Commercial brush burning may be allowed after consulting with the Mayor’s office and the Fire Department. A permit issued from the Fire Department is required prior to commercial burning. To ensure the safety of property, burning should take place no closer than twenty (20) feet from the nearest building.
This ordinance shall not require notification to the Fire Department nor restrict burning conducted for the purposes of outdoor cooking in a device designated and constructed for such purpose in compliance with the burning requirements of this ordinance. (Ord. No. 2003-4, Sec. 2.)
7.32.03 Monitoring. All persons causing lawful fires to be started as heretofore provided shall be responsible for monitoring the same and at all times shall have materials sufficiently capable of extinguishing the same to prevent the fire’s escape. (Ord. No. 2003-4, Sec. 3.)
7.32.04 Penalties. Any person who violates a provision of this ordinance is guilty of a misdemeanor, which is punishable by a fine not less than Twenty-Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately. (Ord. No. 2003-4, Sec. 4.)
7.32.05 Definitions
Noxious smoke means any smoke that is harmful to health.
Person means any individual, firm, association, partnership, joint venture, or corporation.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public, including but not limited to a government entity.
Residential area means any real property which contains a structure or building in which one or more persons reside, provided that the structure or buildings is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the city of Mayflower’s zoning ordinance.
Toxic smoke means any harmful, destructive, or deadly fumes.
Yard waste means grass clippings, leaves, and shrubbery trimmings collected from residential property.
(Ord. No. 2003-4, Sec. 5.)
7.32.06 Enforcement
1. The city of Mayflower Fire Department will have primary responsibility for the enforcement of the regulations contained herein. Nothing in this ordinance shall prevent the city of Mayflower Police Department from obtaining voluntary compliance by way of warning, notice or education.
2) No citation or civil fine shall be issued or levied against a person for the open burning of brush or yard waste unless such burning constitutes:
a) a persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials;
b) a fire hazard to surrounding property, as determined by appropriate local officials; or
c) a safety hazard causing obscured vision on public roads or highways.
3. If a person’s conduct would otherwise violate this ordinance, the person must be ordered to, and have the opportunity to, cease, eliminate, or otherwise remedy the violation prior to arrest or a citation being issued. (Ord. No. 2003-4, Sec. 6.)
7.32.07 Severability clause. A determination of invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, section or part of this ordinance shall not affect the validity of the remaining parts of this ordinance. (Ord. No. 2003-4, Sec. 7.)
7.32.08 Saving clause. A prosecution which is pending on the effective date of this ordinance and which arose from a violation of an ordinance repealed by this ordinance, or a prosecution which is started within one (1) year after the effective date of this ordinance arising from a violation of an ordinance repealed by this ordinance, shall be tried and determined exactly as if the ordinance has not been repealed. (Ord. No. 2003-4, Sec. 8.)
