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ORDINANCE NUMBER IL16
AN ORDINANCE TO PROMOTE THE PUBLIC SAFETY AND WELFARE
BY REGULATING AND CONTROLLING THE OPEN BURNING OF CERTAIN
MATERIAL WITHIN THE CITY AND ITS FIRE JURISDICTION;
TO AMEND THE FAIRHOPE CODE OF ORDINANCES BY INCLUSION OF
THIS ORDINANCE IN CHAPTER 11 THEREOF:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. Definitions; Rules of Construction
For purposes of this ordinance, the following terms shall
be defined as follows:
Fire Official: That person appointed by the Mayor to
issue and administer burn permits as hereinafter provided.
Fire Jurisdiction: All that area which is not in the
corporate limits but which is contained within the area
bounded by the following described line:
FROM A POINT ON THE EASTERN SHORE OF MOBILE BAY WHERE
IT IS INTERSECTED BY THE WESTERLY PROJECTION OF THE
CENTERLINE OF COUNTY ROAD 32, THENCE RUN EASC ALONG
THE PROJECTED AND THE ACTUAL CENTERLINE OF COUNTY ROAD
32 TO THE CENTERLINE OF U.S. HIGHWAY 98; THENCE RUN
NORTH ALONG THE CENTERLINE OF U.S. 98 TO COUNTY ROAD
34; THENCE RUN EAST ALONG THE CENTERLINE OF COUNTY
ROAD 34 TO COUNTY ROAD 27; THENCE RUN NORTH ALONG THE
CENTERLINE OF COUNTY ROAD 27 TO ALABAMA HIGHWAY 104;
THENCE RUN WEST ALONG THE CENTERLINE OF ALABAMA 104 TO
AN INTERSECTION WITH THE SOUTHERLY PROJECTION OF THE
EAST BOUNDARY OF ROCK CREEK ESTATES; THENCE RUN NORTH
ALONG ROCK CREEK ESTATES EAST BOUNDARY TO THE NORTH-
EAST CORNER THEREOF; THENCE RUN WEST ALONG THE NORTH
BOUNDARY OF ROCK CREEK TO THE NORTHWEST CORNER
THEREOF; THENCE RUN SOUTH ALONG THE WEST BOUNDARY OF
ROCK CREEK TO AN INTERSECTION WITH THE EASTERLY
PROJECTION OF THE NORTH BOUNDARY OF McINTYRE STREET;
THENCE RUN SOUTHWESTERLY ALONG THE PROJECTION AND THE
ACTUAL NORTH BOUNDARY OF McINTYRE STREET TO THE WEST
BOUNDARY OF MAIN STREET; THENCE SOUTHERLY ALONG THE
WEST BOUNDARY OF MAIN STREET TO THE WESTERLY
PROJECTION OF THE NORTH BOUNDARY OF GRAHAM STREET;
THENCE SOUTHWESTERLY ALONG THE PROJECTION OF THE
NORTH BOUNDARY OF GRAHAM STREET TO THE EASTERN SHORE
OF MOBILE, BAY.
The Rules of Construction shall be as set forth in
Section
1-2 of the Fairhope Code of Ordinances.
tSection
2. Corporate Limits:
C�It
shall be unlawful for any person to burn trash,
leaves,
0-straw,
lumber, brush or any other combustible material
in
bo
i0c
any street or other public land or way or upon any
lot
within the city, except for outdoor cooking fires
enclosed
owithin
a barbecue grill or pit when such is attended
by an
Zoccupant
of the premises.
openburn.ORD 3/8/97
Section 3: Fire Jurisdiction:
It shall be unlawful for any person to burn trash, leaves,
straw, lumber, brush or any other combustible material in
any street or other public land or way or upon any lot
within the fire jurisdiction, unless such person shall
have been approved for a Burn Permit issued on authority
of the Fire Official of the City of Fairhope, which permit
may be verbal. Provided, however, that outdoor cooking
fires enclosed within a barbecue grill or pit when such is
attended by a person in charge of occupied premises are
not hereby regulated.
Section 4. Issuance of Burn Permit
In reviewing requests for burn permits, the Fire Official
shall consider the following factors at minimum:
1. Anticipated wind speed and velocity
2. Anticipated fog conditions
4. Risk to adjacent premises
5. Attendance by owner with fire control measures
6. Any special or unusual conditions which could render
the burning particularly hazardous
All permits issued shall contain a provision that the
permit is subject to cancellation by the Fire Official
where a change in conditions increases the potential
hazard of such burning, where there is a well-founded
complaint of invasion of smoke from such burning on or
into other premises such as to present a hazard to the
occupants thereof or where the permit holder has violated
a condition of the permit.
Section 5. Penalties:
Any person violating any provision herein shall be
subject to arrest and, upon conviction of a first offense,
shall be subject to a fine of not more than Fifty
Dollars ($50.00). Second or subsequent convictions shall
carry a fine of not more than One Hundred Dollars
($100.00) and/or a jail sentence of not more than ten
days, at the Court's discretion.
Where the violator is a juvenile as defined by the Code
of Alabama, 1975, the parent/s, guardian, or person
having lawful charge or custody of the juvenile shall be
subject to the fines and sentences provided hereinabove.
Section 6: Separability and Validity
i Y
v Each part and each provision of this ordinance is
m U severable from all other parts or provisions. Should any
part or provision thereof be declared by the courts to be
� _w U unconstitutional or invalid, such declaration shall not
affect any other part or provision of this ordinance.
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Section 7: Effective Date ,
This ordinance shall take effect upon its due adoption and
publication as required by law.
ADOPTED THIS THE 14TH DAY OF ARRIL 1997.
AT EST:
Evel P. Phillips, 'ty Clerk
It
' 4�2��
Jame P. Nix, Mayor
openburn.ORD 3/8/97