[Ord. No. 1141 § 1, 12-16-2013]
As used in this Chapter, the following terms shall have the
meanings indicated:
An after-sunset outdoor fire burning of only clean, dry firewood
for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
Areas being cleared and burned for purposes to build commercial,
industrial, residential dwellings. This does not include tree trimming,
gardening, or leaves.
Below-ground pits, freestanding fireplaces, and portable
devices intending to contain and control small outdoor fires.
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.
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.
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.
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.
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.
