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Ordinance 2008-04

AN ORDINANCE REPEALING ORDINANCE NO. 156,
SUPPLEMENTING AND AMENDING ORDINANCE NO. 2007-
11 IN REGARD TO REGULATION OF OPEN BURNING
WITHIN JOHNSON, AR, .DECLARING AN EMERGENCY TO
EXIST AND FOR OTHER PURPOSES.
WHEREAS, the 2002 edition of the Arkansas Fire Prevention Code (Volumes 1, 2, arid 3
as amended from time to time) along with the NFPA 101 Life Safety Code (as amended from time to lime) were adopted by reference by Ordinance 3007-11.
WHEREAS, the City Council for the City of Johnson, Arkansas has received complaints
from the citizens of Johnson, Arkansas expressing concern for their safety as well as the safety of their property from outdoor bonfires and outdoor rubbish fires, and other outdoor burning.
WHEREAS, the City Council for the City of Johnson, Arkansas, has determined that all
open burning to include bonfires and outdoor rubbish fires, must be regulated to provide for the safety of the citizens of Johnson, Arkansas.
NOW THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY
OF JOHNSON, ARKANSAS,
Section 1: Ordinance No. 156 of the City of Johnson is hereby repealed effective
with the passage of this Ordinance.
Section 2: Open Burning.
a, SUPPLEMENTAL RULES. In conjunction with Chapter 3 of the 2002 edition of
the Arkansas Fire Prevention Code, the following rules MUST be followed when burning
outdoors inside the city.
1. A permit is required for all controlled burns. Permits may be obtained at the Johnson
Fire Department during normal business hours and notification made as to the location of the fire
and the person .responsible for the fire. A fire may not be ignited before obtaining a permit
2. Fires shall be small and 50 feet or rciore from any building. Any variance from this
subsection must be approved by the Fire Marshal] and must meet the fire code provisions,
3. A fire must be attended by a competent person at all tkn.es, which means a fire may not be so large in size to exceed the amount of locations for those attending the fire to properly

4. Fire control equipment must be available, for example, a garden hose, a water,
extinguisher, or heavy equipment.
5. Burning of plastics, .rubber, shingles, tires or any construction materials, or anything
that will create black smoke is prohibited.
6. The fire must be extinguished (COMPLETELY EXTINGUISHED) by dark.
7. Gasoline or any other accelerant may not be used to start a fire.
b. EXTINGUISHMENT OF FIRE. These rules are in addition to those set out in the
state fire prevention, code. The fire department may require extinguishment of the fire if a complaint is received by the department, such as smoke blowing toward or in a person's home.
Section 3: Penalties.
a. The failure of any person to comply with the requirements of this ordinance is
declared an unlawful act and declared to be a misdemeanor and upon conviction the violation shall be punishable according to the provisions as set forth below, in addition to any remedies which may be available under state lawb.
Except as otherwise posted, a person convicted of a violation of this ordinance
shall be punished by fine not exceeding $500.00 or double such sum for each repetition thereof.
If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a line not to exceed $250.00 for each day that the violation in unlawfully continued,
c. Violations of this ordinance that are continuous with respect to time, are a public
nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
d. If the violation of this ordinance is also a misdemeanor understate law, the penally
for the violation shall be as prescribed by state law for the stated offense.
Section 4: All ordinances or parts of ordinances in conflict herewith, are hereby
repealed.
Section 5: If any section, provision, paragraph of this act shall be declared invalid,
such invalidity shall not be constructed to affect the portions so affected,
Section 6: EMERGENCY CLAUSE. The City Council for the City of Johnson,
Arkansas, hereby finds that unregulated open burning of land is extremely hazardous to tbe health and welfare of the public and their property within the city of Johnson, Arkansas; that safety and welfare of the City of Johnson, Arkansas, shall be in effect immediately upon its passage.