Town of Carrollton, MO
Carroll County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 1141 § 1, 12-16-2013]
As used in this Chapter, the following terms shall have the meanings indicated:
BONFIRE
An after-sunset outdoor fire burning of only clean, dry firewood for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
COMMERCIAL LAND CLEARING
Areas being cleared and burned for purposes to build commercial, industrial, residential dwellings. This does not include tree trimming, gardening, or leaves.
FIRE PIT
Below-ground pits, freestanding fireplaces, and portable devices intending to contain and control small outdoor fires.
OPEN BURNING
An outdoor fire or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in barrels or modified barrels. Fire pits and burning in patio containers are not considered "open burning" as herein defined.
OWNER
Any person, firm, partnership, corporation or other entity who alone or jointly or severally with other persons, firms, partnerships, corporations or other legal entities, has legal title to any premises. The term does not include a lessee, sublessee or other person who merely has a right to occupy or possess the premises.
PREMISES
Any building, structure, or combination of buildings or structures that serve as dwelling units, such as single-family, multiple-family, or any other area within a building, structure or combination thereof which is used for any purpose.
UNTREATED WOOD
Lumber or other wooden materials that have not been chemically treated for resistance to moisture, fire, fungi, insects, or other pests or has not been treated or manufactured with the chemicals, or that does not contain adhesives or resins. Untreated wood does not include plywood, particle board, chipboard, or wood with other than insignificant quantities of paint, coatings or finish.
YARD WASTE
Organic material such as leaves, brush, garden waste, and tree branches and limbs.
[Ord. No. 1141 § 2, 12-16-2013]
It is unlawful for any person to engage in open burning of any matter within the Town during the hours of darkness, from sunset to sunrise, except as otherwise permitted by this Chapter.
[Ord. No. 1141 § 3, 12-16-2013]
A. 
It shall be unlawful for any person to do any open burning within the Town, except as permitted by this Chapter.
1. 
Open burning from daylight to dusk by the landowner of yard waste generated upon a landowner's property during dates and times authorized by the Fire Chief is permitted after notice to the Fire Department of the time and location on the proposed open burning.
2. 
Open burning of yard waste from daylight to dusk not generated upon a landowner's property shall be permitted under the terms and conditions set forth in a written permit issued by the Fire Chief or his/her designee. Such written permit shall specify the time and place such a burning shall be permitted.
3. 
No burning shall be permitted on Town right-of-way except by the Town.
4. 
Open burning shall be allowed after obtaining a permit or other proper authorization from the Fire Chief or his/her designee for recognized forestry or range or wildlife management practices, prevention or control of disease or pests, or heating for warmth of outside workers.
5. 
The location for any open burning shall be not less than twenty-five (25) feet from any premises and provisions shall be made to prevent the fire spreading to within twenty-five (25) feet of any premises.
6. 
A yard waste fire shall not be more than five (5) feet by five (5) feet by five (5) feet in dimension and if in a container, not more than can be placed within an upright metal container no larger than fifty-five (55) gallons in capacity.
7. 
Open burning shall not be used for waste disposal purposes or burning of inorganic material, shall be of the minimum size of the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
8. 
All open burning shall be constantly attended by a competent adult person until such open burning is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.
9. 
Open burning for commercial land-clearing operations must be preapproved by a permit to open-burn vegetative or untreated wood obtained through the Missouri Department of Natural Resources, and the Town of Carrollton Department of Emergency Services.
10. 
Open burning shall be allowed without prior notification to the Fire Chief or his/her designee for highway safety flares, railroad smudge pots and similar occupational needs.
11. 
The Fire Chief or his/her designee shall prohibit open burning which will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The Fire Chief or his/her designee shall order the extinguishment, by the permit holder or the Fire Department, for any open burning, which creates or adds to a hazardous or objectionable situation. Permission for open burning authorizes the Emergency Services Department to come on the premises where the fire is located to extinguish the open burning if necessary.
12. 
Open burning shall be allowed, with prior notification to the Fire Chief or his/her designee and upon receipt of written permission from the jurisdictional EPA (Environmental Protection Agency) authority and/or Missouri Department of Natural Resources, provided that any conditions specified in the permission are followed, for:
a. 
Disposal of hazardous or toxic material where the EPA determines that there is no practical alternative method of disposal.
b. 
Instruction in methods of firefighting or for research in control of fires, in emergency or other extraordinary circumstances.
c. 
In emergency or other extraordinary circumstances for any purpose determined to be necessary by the EPA, disposal of landscape waste other than residential and agricultural waste, and recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.
13. 
Yard waste fires shall be ignited only by a small amount of paper and no flammable liquids will be used to ignite such fires.
[Ord. No. 1141 § 4, 12-16-2013]
A. 
Bonfires Are Permitted By Application Only. Applications for open burning bonfires shall be obtained from the Fire Chief or his/her designee on or before the day of bonfire and shall be in such form and contain such information as required by the Fire Chief or his/her designee. Such applications shall contain, at a minimum, information regarding the purpose of the proposed burning, the nature and quantities of material to be burned, the date when such burning will take place, and the location of the burning site.
B. 
Fuel for a bonfire shall consist only of seasoned dry firewood and be ignited with a small quantity of paper. The fire shall not be used for waste disposal purposes with the intent to minimize the generation of air contaminants.
C. 
A bonfire shall be no more than five (5) feet by five (5) feet by five (5) feet in dimension and shall burn not longer than three (3) hours. The size and duration of a bonfire shall only be increased by the Fire Chief or his/her designee when it is determined that fire safety requirements of the situation and the desirable duration of burn, warrant the increase.
D. 
All permits shall be requested by and issued to the owner of the land upon which the bonfire is to occur.
[Ord. No. 1141 § 5, 12-16-2013]
Upon conviction of said violation in the Municipal Court of Carrollton, Missouri, violations may be punished by a fine not to exceed two hundred fifty dollars ($250.00) plus court costs.
[Ord. No. 1141 § 6, 12-16-2013]
If the Emergency Services Department is called to extinguish a residential yard waste fire in violation of this Chapter, the party authorizing or igniting such fire shall be required to pay such response costs as designated annually by the Fire Chief.
[Ord. No. 1141 § 7, 12-16-2013]
Recreational burning such as picnics and camp fires will be allowed but must be approved by the Fire Chief or his/her designee prior to the event. Open burning in patio containers such as chimeneas or a structured outdoor fireplace will be permitted without a permit.
[Ord. No. 1141 § 8, 12-16-2013]
Unless otherwise authorized in this Chapter, by Statute, or law, all other open burning is prohibited.