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ORDINANCE NO. 19,444
3 AN ORDINANCE TO AMEND CHAPTER 12 OF THE 1988 REVISED
4 LITTLE ROCK CODE OF ORDINANCES; TO PROVIDE FOR THE
5 REGULATION OF OPEN BURNING AND A FEE SCHEDULE FOR
6 THE ISSUANCE OF OPEN BURNING PERMITS; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, the City of Little Rock desires to minimize fire danger to the citizens
10 and property within the City; and
11 WHEREAS, the regulation of residential, commercial and special permit open
12 burning within the City by requiring compliance with the 2000 International Fire Code,
13 as adopted, and permit requirements issued by the Little Rock Fire Department, will
14 protect, preserve and promote the safety and welfare of the citizens of the city through
15 the reduction, control and prevention of open burning.
16 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
17 THE CITY OF LITTLE ROCK, ARKANSAS:
18 Section 1. Chapter 12, Article 1 of the 1988 Revised Little Rock Code of
19 Ordinances is hereby amended to add the following sections:
20 Section 12 -7. Definition of open burning. Open burning means the burning
21 of any matter in such a manner that the products of combustion resulting
22 from the burning are emitted directly into the ambient air without passing
23 through an adequate stack, duct, or chimney. No open burning permit is
24 required for fires used for cooking of food, including barbecues and outdoor
25 fireplaces.
26 Section 12 -8. Open burning permit. A permit from the Fire Department is
27 required prior to open burning. Open burning permits may be issued subject
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I to specific conditions, consistent with standards provided in the Fire
2 Prevention Code adopted in Section 12 -28, which conditions shall be specified
3 in writing in the permit. The holder of a permit shall comply with the
4 conditions contained in such permit. Only clean fuel not containing garbage,
5 rubber, plastics, metals, petroleum products, tires, shingles, treated lumber,
6 or other hazardous materials is permitted. Applications for a permit should
7 be submitted a minimum of three days prior to the requested burn date.
8 Section 12 -9. Action on application. The Fire Department shall act, within
9 a reasonable time, on an application for an open burning permit and shall
10 notify the applicant in writing of its approval, conditional approval, or denial.
11 Section 12 -10. Transfer. Open burning permits shall not be transferable
12 either from one location to another, or from one person to another.
13 Section 12 -11. Expiration of permit. Open burning permits shall expire on
14 the date specified on the face of the permit and may not be extended, except
15 for the presence of bad weather conditions or a burn ban, as determined by
16 the Fire Department.
17 Section 12 -12. Display of Permits. Permits shall be displayed and
18 available for inspection at the open burning site by any and all persons who
19 may request to see the permits.
20 Section 12 -13. Forfeiture of Permission to Burn. A permittee may forfeit
21 permission to burn for failure to comply with any conditions of the open
22 burning permit, as determined by the Fire Department. A notice of such
23 forfeiture of permission shall be set forth in the burn permit.
24 Section 2. Chapter 12, Article III, Division 1 is amended to add the following
25 section:
26 Section 12.53. The following fees are hereby established for open burning
27 within the City:
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I (a) Commercial Burn Permit:
2 (1) thirty (30) day permit -- $250.00.
3 (2) ninety (90) day permit -- $350.00.
4 (b) Bonfire /Special Permit - $50.00 plus any after -hour expenses for Fire Marshall,
5 and standby fees for apparatus if required.
6 (c) Cost for Fire watch /Standby -- $135.00 per hour (2 hour minimum).
7 (d) Reapplication /Lost Commercial Permit - -- $10.00.
8 (e) Residential Burn Permit - - -- $5.00.
9 Section 2. Severability. In the event any title, section, paragraph, item, sentence,
10 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
11 unconstitutional, such declaration or adjudication shall not affect the remaining
12 portions of this ordinance, which shall remain in full force and effect as if the portion so
13 declared or adjudged invalid or unconstitutional was not originally a part of this
14 ordinance.
15 Section 3. Repealer. All ordinances or resolutions of the City in conflict herewith
16 are hereby repealed to the extent of such conflict.
17 PASSED: December 6, 2005
19 ATTEST:
20
21
22 Na cy Wo d, City Clerk
23
APPROVED:
M-4
Jim a' ey, Mayor
24 APPROVED AS TO LEGAL FORM:
25
26 051
27 Thomas M. Carpenter, COY Attorney
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