HomeMy WebLinkAboutO-1023ORDINANCE NO. 1023
AN ORDINANCE TO AMEND ORDINANCE NO. 1008 ,
THE FAIRHOPE ORDINANCE REGULATING AND CONTROLLING
OPEN BURNING OF CERTAIN MATERIAL WITHIN THE CITY
AND ITS FIRE JURISDICTION, OF THE FAIRHOPE CODE OF
ORDINANCES BY THE ADDITION OF THE FOLLOWING PROVISIONS
CONCERNING BURNING PERMITS AND THE RESPONSIBILITIES
OF THE PERSON REQUESTING AND OBTAINING THE PERMIT
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
Section 1. Section 4 of Ordinance No. 1008 , of the Code of Ordinances, City
of Fairhope, is hereby amended to read as follows:
"Section 4. Issuance of Burn Permit
In reviewing applications for issuance of burn permits, the Fire Official shall consider
the following factors at the minimum:
1. Anticipated wind speed and velocity
2. Anticipated fog conditions
3. Risk to adjacent premises
4. Attendance by owner with fire control measures
5. 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.
The following criteria for a burn permit must be met:
a. The person requesting the permit must have adequate tools, equipment and
manpower to stay with and control the fire during the entire burning period.
C: b. The person requesting the permit is responsible to keep the fire confined.
NC. In no case will the person requesting the permit allow the fire to be unattended
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u until it is dead out.
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Burning permits will be issued if the individual requesting the permit states that the above
criteria will be met unless the Fire Official shall declare a fire alert. Under fire alert
conditions the Fire Official may allow issuance of permits at his discretion, taking into
account the number of fires burning in the jurisdiction, current and projected weather
conditions, the ability of the person seeking the permit to contain the fire and that
individual's knowledge of fire behavior and other factors which may affect fires and fire
behavior. A fire alert will be issued by the Fire Official for any portion of the
jurisdiction that in the opinion of the Fire Official has existing conditions which produce
extraordinary danger from fire.
If subsequent to issuance of a permit a lawfully authorized fire escapes to the lands of
another and an investigation reveals that the permit holder did not meet all the criteria
as set forth above, the fire will be treated as if no legal authorization had been obtained.
A burning permit once issued may be revoked if the person requesting the permit fails
to comply with proper burning procedures of if weather conditions develop which may
result in erratic fire behavior. "
Section 2. All ordinances, or parts of ordinances, in conflict herewith are, to the
extent of such conflict, repealed.
Section 3. In the event that any provision or application of this Ordinance shall be
held to be invalid, it is the legislative intent that the other provisions and applications
hereof shall not thereby be affected.
Section 4. This Ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 13TH DAY OF OCTOBER , 1997.
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Ja s P. Nix, Mayor
City Clerk