Ordinance Number 2019-0722

Town of West Blocton, Alabama

​

BURN PERMIT ORDINANCE

​

PURPOSE

​

This Ordinance is enacted to protect, preserve, and promote the health, safety, welfare, and peace for the citizens of West Blocton, Alabama, through the control of open burning. It is the intent of this Ordinance to establish standards that will control open burning so that it will comply with all applicable state regulations and will not be detrimental to individuals and the community in the enjoyment of life, property, and conduct of business. This Ordinance is not intended to supersede legislation or regulations of statewide applicability governing open burning, nor does compliance with this Ordinance ensure compliance with such legislation or regulations. No voluntary burning of the items set forth in this Ordinance by any person shall be allowed within the Town limits or police jurisdiction without first obtaining a permit and complying with all parts of this Ordinance.

​

BURNING

​

Permitted burning.
(a) It shall be unlawful to burn leaves, brush or to burn off vegetation without a Permit from the Mayor, Fire Chief, or Town Clerk.
(b) It shall be unlawful to ignite or burn a fire containing leaves or brush within 25 feet of any building or structure or within 20 feet from any fence or property line.
(c) All fires resulting from the open burning of leaves, brush and burning off of vegetation shall be constantly attended by the person applying for the Permit until such fire is extinguished.

​

Prohibited burning.
(a) No fire shall be ignited, maintained or kindled under Permit, that causes dense smoke or noxious fumes.
(b) No fire shall be maintained or kindled under Permit, which may cause discomfort or distress to surrounding property owners with respiratory or other ailments.
(c) If at any time a complaint is filed with the Town of West Blocton regarding smoke resulting from open fires, which affects or aggravates a person with health problems, burning shall cease immediately.
(d) If at any time atmospheric conditions constitute fire hazards, the Mayor or Fire Chief shall temporarily prohibit all outdoor fires.
(e) It shall be unlawful to burn any household garbage, rubbish, furniture, tires, motor fuels, plastic items, or any item emitting a noxious odor, chemical, or toxin.
(f) It shall be unlawful to burn at any construction site any construction materials including, but not limited to, trees, tree stumps, limbs, rubbish, plastic products, or motor fuels.

​

Area to which Ordinance provisions are applicable.
The provisions of this Ordinance shall be applicable and enforceable in all areas of the Town of West Blocton and its police jurisdiction which are within the established fire district of West Blocton as this district may now exist or hereafter be extended.

​

Method of enforcement.

The Fire Chief and any law enforcement officer are authorized to issue citations to appear in municipal court to answer charges of violations of any of the provisions of this Ordinance.

Penalty for violation of article.
Any person who violates or fails or refuses to obey or comply with any provision of this Ordinance 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.

​

Permit Application.
Any applicant for a permit must submit an application therefor to one the Fire Chief, Mayor, or Town Clerk prior to obtaining a permit, such application to contain at least the following information:
(1) The full name and address of the applicant.
(2) The type of materials or items which are to be burned.
(3) The site of the proposed burning.
(4) The date and hours during which such burning shall occur.
The officer issuing the permit may require such other information from the applicant as is reasonably necessary to protect the health, safety and welfare of the residents of the Town and its police jurisdiction.

​

Denial of Permit.
The Mayor or Fire Chief may deny any application for a permit if such official deems the proposed burning to be dangerous to the health, welfare or safety of the residents of the town or its police jurisdiction, or to any property in the Town or its police jurisdiction.

​

Revocation of permit.
Any open burning permit granted may be revoked, after notice and hearing, for any of the following causes:
(1) Failure to comply with the provisions of this Ordinance.
(2) Failure to comply with any conditions of the Permit.
(3) For any other cause if, in the judgment of the police officer or Fire Chief, continuance of the Permit is not consistent with the purposes of this Ordinance.
(4) The Fire Chief, Mayor, or Police Officer, may revoke a Burning Permit issued by the Town at any time after it is issued if the open burning creates a danger or nuisance for individuals or their property and when the weather conditions warrant concern for possible uncontrolled spread of fire.

​

"No burn" orders.

The Mayor or Fire Chief may from time to time issue temporary "no burn" orders at any time when such officer shall deem burning of the items eligible for a permit to be dangerous to the property or residents of the Town or its police jurisdiction.

No burning shall be conducted under a current air stagnation advisory issued by the National Weather Service, during a "Drought Emergency" declared by the Governor, or if there is a "no burn" advisory issued by the Town.

The burning must be controlled so as to avoid creating a traffic hazard, whether from flames or smoke, on any public road or street as a result of the burning.