(Ord. No. 92-672, § 2, 11-12-1992)

Cross references: Definitions generally, § 1-2.

Sec. 13-62.  Purpose.

This article is enacted to protect, preserve and promote the safety and welfare of the citizens of the city through the reduction, control and prevention of open burning.

(Ord. No. 92-672, § 1, 11-12-1992)

Sec. 13-63.  Method of enforcement.

The director and any person acting under his supervision, the fire marshal and any person acting under his supervision, and any law enforcement officer is authorized to issue citations to appear in municipal court to answer charges of violations of any of the provisions of this article.

(Ord. No. 92-672, § 8, 11-12-1992)

Sec. 13-64.  Penalties.

Any person who violates or fails or refuses to obey or comply with any provision of this article shall upon conviction be punished, in addition to such other punishment, including a term of community service, as may be provided by the court, by minimum fines and penalties, for a first conviction of $100.00 or by imprisonment for not more than ten days. For conviction of a second offense committed within one year after the date of the first offense, such person shall be punished by a fine of $200.00 or by imprisonment for not more than 30 days or by both such fine and imprisonment. For conviction of a third or subsequent offense committed within one year after the date of the first offense, such person shall be punished by a fine of $500.00 or by imprisonment for not more than three months or by both such fine and imprisonment.

(Ord. No. 92-672, § 7, 11-12-1992; Ord. No. 97-813, § 1, 11-20-1997)

State law references: Penalties for ordinance violations, Code of Ala. 1975, § 11-45-9.

Sec. 13-65.  Exemptions.

Nothing contained in this article shall be construed as applying to the regular military or naval forces of the United States, the duly authorized militia of the state, or the police and fire departments in the proper performance of their duty.

(Ord. No. 92-672, § 9, 11-12-1992)

Sec. 13-66.  Exceptions based on undue hardship.

Applications for a permit for exception from the standards or requirements designated in this article may, on the basis of undue hardship, be made to the director. Any permit granted under this article shall contain all conditions upon which the permit has been granted and shall specify a reasonable time the permit shall be effective. The director may grant the exception as applied for only if the applicant represents and the director finds that open burning as permitted will not violate recognized safety standards, that no other reasonable alternative is available to the applicant, and that the burning can be conducted in such a manner as to be consistent with the purposes of this article. Upon the issuance of any exception permit, the director may prescribe any reasonable conditions or requirements he deems necessary to minimize adverse effects upon the community.

(Ord. No. 92-672, § 6, 11-12-1992)

Sec. 13-67.  Compliance.

No person shall cause, suffer, allow or permit open burning except as specifically permitted by this article.

(Ord. No. 92-672, § 3, 11-12-1992)

Sec. 13-68.  Exceptions to prohibition.

    (a)  Open burning may be conducted, subject to the limitations as spelled out in the open burning permit which is issued upon approval by the director. This grant of exception shall in no way relieve the person responsible for such open burning from the consequences of or the damages or injuries resulting from such burning. The director shall issue no open burning permits without the prior approval of the fire marshal or his designated representative. The fire marshal's approval shall be based upon his judgment as to the fire safety potential of the proposed open burning activity.

      (1)  Open burning of leaves and small tree limbs, less than three inches in diameter, at a residence where collection for such material is not available. The determination of availability will be made by the director. Burning of trees or limbs cut as a commercial service by tree surgeons, landscapers or other persons is prohibited.

      (2)  Open burning for the disposing of materials grown on that tract of land may be conducted provided the following conditions are met:

        a.  Burning is done using an air curtain destructor or other approved device, at suitable sites as approved by the director, when such device is operated in a manner satisfactory to the director, and with a valid open burning permit obtained from the director.

        b.  The burning will take place on days and hours designated by the director. Designated days of burning will always be tentative and will be regulated according to weather conditions.

    (b)  Open burning as specified below may be conducted, subject to the limitations as spelled out in the safety permit which is issued upon approval by the fire marshal. This grant of exception shall in no way relieve the person responsible for such open burning from the consequences of or the damages or injuries resulting from such burning.

      (1)  Ceremonial fires (such as school bonfires) when the fires are approved, ignited and extinguished by fire department personnel. Each school will be permitted one permit per year.

      (2)  Fires set between October 1 and April 30 for the purpose of providing warmth to workers at construction sites for which a building permit has been issued, providing the following conditions are met:

        a.  The fire is contained in a noncombustible container not to exceed 55 U.S. gallons, with the opening covered by an ash screen.

        b.  Fire containers shall be located a minimum of 25 feet from any structure, tree or bush.

        c.  Fire containers shall be located a minimum of 25 feet from electrical lines and/or electrical service.           

        d.  Only clean fuel not containing garbage, rubber, plastics, metals, shingles, treated lumber, or other hazardous materials is permitted.

        e.  Fire extinguishing equipment shall be located within five feet of the fire container.

        f.  Fires shall be extinguished when no worker is in attendance.

        g.  The contractor shall apply in advance for a safety permit issued in his name from the fire marshal and shall be held liable for all permit violations on the burn site.

    (c)  Open burning activities as specified below may be conducted without either an open burning permit or a safety permit. Notification of intent to conduct such activity as specified below shall be made to the director 24 hours prior to the time the open burning activity is to begin. The person conducting any of the following open burning activities shall be responsible for the consequences of such activities and all damages or injuries resulting from such open burning:

      (1)  Fires set for the training and instruction of public or private firefighting personnel, provided that all requirements of the asbestos demolition and renovation NESHAP (National Emission Standard for Hazardous Air Pollutants), codified at 40 CFR Part 60 Subpart M, are met.

      (2)  Fires set by or at the direction of responsible fire control agencies for the prevention, elimination or reduction of a fire hazard.

      (3)  Smokeless flares or safety flares for the combustion of waste gases.

      (4)  Fires used for agricultural, horticultural and silvicultural purposes, when specifically recommended by the state extension service or the state forestry commission, provided such fires are conducted only in situations where the actual burning is at least 1,000 feet from the closest occupied building.

      (5)  Fires used to destroy pests, germs, dead animals, etc., when the open burning is being conducted in accordance with or under the direct supervision of personnel of the local or state health department.

    (d)  No open burning permit, safety permit or notification is required for fires used for cooking of food, including barbecues and outdoor fireplaces. Only clean fuel not containing garbage, rubber, plastics or other refuse is permitted.

(Ord. No. 92-672, § 4, 11-12-1992; Ord. No. 07-569, § 1, 07-26-2007)

Secs. 13-69--13-80.  Reserved.

Division 2.  Open Burning Permits and Safety Permits

Sec. 13-81.  Permits.

Open burning permits and safety permits may be issued subject to specific conditions, consistent with standards provided in this division, in which case the conditions shall be specified in writing. The holder of a permit shall comply with conditions contained in such permit as well as all applicable provisions of this article.

(Ord. No. 92-672, § 5(A), 11-12-1992)

Sec. 13-82. Permit applications.

    (a)   Applications for open burning permits shall be in the form prescribed by the director and shall give all the information necessary to enable the director to make the determinations required in this division. Applications should be submitted a minimum of three days prior to the requested burn date.

    (b)   Application for safety permits shall be in the form prescribed by the fire marshal and shall give all the information necessary to enable the fire marshal to make the determination required in this division. Applications shall be submitted a reasonable time in advance of the time requested for burning.

(Ord. No. 92-672, § 5(B), 11-12-1992)

Sec. 13-83.  Action on application.

    (a)   The director shall act, within a reasonable time, on an application for an open burning permit and shall notify the applicant in writing of its approval, conditional approval or denial. The director shall not issue an open burning permit for any open burning activity subject to an open burning prohibition imposed by the Alabama Forestry Commission or the Alabama Department of Environmental Management during such time that the open burning prohibition is in effect.

    (b)   The fire marshal shall act, within a reasonable time, on an application for a safety permit and shall notify the applicant in writing of its approval, conditional approval or denial. The fire marshal shall not issue a safety permit for any open burning activity subject to an open burning prohibition imposed by the Alabama Forestry Commission or the Alabama Department of Environmental Management during such time that the open burning prohibition is in effect.

(Ord. No. 92-672, § 5(C), 11-12-1992; Ord. No.07-569, § 1,07-26-2007)

Sec. 13-84.  Permit fees.

    (a)   Open burning permit fees in the amount of $100.00 per permit shall be paid at the time of application. Fees shall be made payable to the city and shall be nonrefundable. Notwithstanding the expiration date specified on the face of the permit, an open burning permit or safety permit shall expire immediately upon imposition of an open burning prohibition by the Alabama Forestry Commission or the Alabama Department of Environmental Management that applies to the open burning activity authorized by the open burning permit or safety permit.

    (b)   Safety permits shall be issued at no charge to the applicant.

(Ord. No. 92-672, § 5(D), 11-12-1992; Ord. No. 07-569, § 1, 07-26-2007)

Sec. 13-85.  Transfer.

Open burning permits and safety permits shall not be transferable whether by operation of law or otherwise, either from one location to another, or from one person to another.

(Ord. No. 92-672, § 5(F), 11-12-1992)

Sec. 13-86.  Expiration of permit.

Open burning permits and safety permits shall expire on the date specified on the face of the permit. In no event, however, may an open burning permit be issued which has an expiration date of longer than ten days from the burn start date. Notwithstanding the expiration date specified on the face of the permit, an open burning permit or safety permit shall expire immediately upon imposition of an open burning prohibition by the Alabama Forestry Commission or the Alabama Department of Environmental Management that applies to the open burning activity authorized by the open burning permit or safety permit.

(Ord. No. 92-672, § 5(G), 11-12-1992; Ord. No. 07-569, § 1, 07-26-2007)

Sec. 13-87.  Display of permits.

Permits shall be displayed and available for inspection at the open burning site by any and all persons who may request to see the permits.

(Ord. No. 92-672, § 5(H), 11-12-1992)

Sec. 13-88.  Revocation of permit.

    (a)   Open burning permits. Any open burning permit granted by the director may be revoked, after notice and hearing, for any of the following causes:

      (1)   Failure to comply with the provisions of this article.

      (2)   Failure to comply with any conditions of the open burning permit.

      (3)   For any other cause if, in the judgment of the director, continuance of the permit is not consistent with the purposes of this article.

     (b)   Safety permits. Any safety permit granted by the fire marshal may be revoked for any of the following causes:

      (1)   Failure to comply with the provisions of this article.

      (2)   Failure to comply with any conditions of the safety permit.

      (3)   For any other cause if, in the judgment of the fire marshal, continuance of the permit is not consistent with the purposes of this article.

(Ord. No. 92-672, § 5(E), 11-12-1992)