§ 7.66.01. Permissible burning.

A.

Vegetation abatement. In accordance with A.C.A. § 8-6-1703(d), instances of open burning of yard waste by residents are expressly discouraged. For the purpose of open burning, "yard waste" shall be defined as grass clippings, leaves, tree limbs and shrubbery trimmings collected by a resident or property owner from property located within the city limits.

1.

The burning of yard waste is allowed during the following calendar periods:

a.

Beginning at one hour before sunrise March 1 and ending at two hours after sunset May 31 of each year; and

b.

During the period beginning at one hour before sunrise October 1 and ending at two hours after sunset December 31 of each year.

2.

The Bryant Fire Chief or designee may declare certain periods of time within the calendar periods listed above as "smoke free periods" under the following circumstances:

a.

Within a one-half mile radius of an outdoor public event including, but not limited to, authorized parades, outdoor public sporting events, outdoor public gatherings such as Fall Fest, concerts, or other outdoor public assemblies including religious, civic, and community events. The intent of this provision is to protect outdoor public gatherings from the nuisance of lingering or low lying smoke coming from yard waste fires occurring within one-half mile of the outdoor public event.

b.

When an identified outdoor public event is scheduled to occur during the calendar period, through either permitting with the city parks department, police department, or code enforcement, the fire chief or his designee may declare a smoke free period for the duration of that scheduled event and within the one-half mile radius surrounding that event. When an event is scheduled and a determination is made to make the surrounding area "smoke free" the fire chief shall take reasonable steps to provide forty-eight (48) hours advance notice on the city website and through Notify Me.

c.

In the event of a yard waste fire occurring during the calendar period within a one-half mile radius of an outdoor public event, and the smoke from that yard waste fire lingers or remains low lying within the immediate area of the outdoor public event, then fire chief or his designee may require the extinguishment of any yard waste fire for the remainder of the outdoor event so affected by the low lying or lingering smoke.

3.

Open burning of yard waste shall not be allowed unless the following conditions are met:

a.

Yard waste materials to be burned located on parcels of less than one acre shall be placed in a pile no larger than five feet in diameter and two feet in height. No more than one pile may be burned at any given time by an individual resident or property owner.

b.

Yard waste materials to be burned located on parcels of more than one acre shall be placed in a pile no larger than six feet in diameter and three feet in height. The number of piles to be burned will not be restricted but must adhere to conditions in subsections A.3.d., e., and f.

c.

Land parcels of two acres or more are exempt from the prescribed calendar periods and pile size restrictions of subsection A.3.b. Although these parcels may burn year round they must comply with conditions of subsections A.3.d., e., and f. of this section. Where parcels of two acres or more are located adjacent to parcels of under two acres, burning must be at least one hundred (100) feet from property line.

d.

Burning must be at least twenty (20) feet from any structure, any material composed in whole or part of combustible or flammable material; any property line; or utility lines or facilities.

e.

The fire must be attended at all times. The person attending the fire must have a charged hose (i.e., the hose must be connected to a working faucet and the water must be on and pressurized within the hose) and/or sufficient water supply or other suitable means available to completely extinguish the fire in the event that fire spread happens to occur.

f.

Burning shall not commence until one hour before sunrise, and shall be completely extinguished by two hours after sunset.

g.

For purposes of determining land parcel size, the Bryant Fire Chief of his designee shall use the Saline County Parcel Records accessible through www.efsedge.com/saline.

B.

1.

Burn bans may be issued under the following circumstances:

a.

Atmospheric conditions that prevent smoke from rising freely.

b.

When excessively dry conditions exist.

c.

Sustained winds greater than fifteen (15) mph or 13.0 knots as measured by Saline County Automated Weather Observation System (AWOS) available at phone number 501-847-3883.

d.

Frequent peak wind gusts greater than twenty-five (25) mph or 21.7 knots as measured by Saline County Automated Weather Observation System (AWOS) available at phone number 501-847-3883.

2.

Burn bans may be issued by:

a.

Governor.

b.

County judge.

c.

Bryant Fire Chief or designee.

C.

Development, construction, or site improvement burning. Open burning of trees, limbs or vegetation removed during the process of site preparation for construction or site improvement shall not be allowed unless the following conditions are met:

1.

The burning is to occur at least twenty (20) feet from all property lines encompassing the parcel.

2.

All surface vegetation must be removed from all surface areas adjacent to the burning materials for a distance of no less than twenty (20) feet in all directions.

3.

Approved materials to be burned may be placed in a pile no larger than fifteen (15) feet in diameter and ten (10) feet in height. No more than one pile per acre on the site may be burned at any given time by an individual resident, property owner, contractor, or developer up to twelve (12) acres. Sites over twelve (12) acres, the number and arrangement of piles must be approved by the fire chief or his designee.

4.

The fire must be checked periodically by a responsible person. The person tending the fire must have sufficient extinguishment equipment on site (tractor with blade, water truck, dozer, etc.) and available to completely extinguish/contain the fire in the event that fire spread occurs. Periodically means that a responsible person is sufficiently present to prevent the spread of the controlled fire allowed by this subsection. If fire spreads outside the area of identified and made available for burning under this subsection, then it is prima facie evidence that the fire was not being checked periodically and the land owner, contractor, and/or resident are subject to sections 7.66.02 and 7.66.03 of this chapter.

5.

The parcel of real estate must be no less than one acre.

6.

Notification must be given to the Bryant Fire Department at least twenty-four (24) hours prior to the intended burning of said trees, limbs or vegetation, by notifying the City of Bryant Public Safety Dispatch at 501-943-0865.

D.

Agricultural burning. Open burning in the course of agricultural operations (farming) shall not be allowed unless the following conditions are met:

1.

The perimeter of the parcel to be burned is tilled, disked or plowed in order to remove vegetation from the ground surface. Vegetation removal must be no less than ten (10) feet in width.

2.

The fire must be attended at all times.

3.

Burning shall not commence before sunrise, and shall not extend beyond sunset.

E.

Other allowed burning. The following types of burning activities are permitted according to the circumstances listed herein:

1.

Fires of a controlled and manageable nature used in the course of food preparation that incorporate the use of barbecue equipment, outdoor fireplaces, cooking grills, or cooking pits specifically designed and created for the preparation of food.

2.

Burning associated with road construction or right-of-way clearing operations. Any road construction or right-of-way clearing type of burning, the contractor or property owner must give notice to the Bryant Fire Department. Notification must be given to the fire department at least twenty-four (24) hours prior to the intended burning of said trees, limbs or vegetation, by notifying the city public safety dispatch at 501-943-0865.

3.

Fires allowed by the fire department for the purpose of weed abatement, prevention and/or elimination of fire hazards, and burning of storm debris, with burning of such debris at the sole discretion of the fire chief or his designee depending on weather, safety and environmental concerns.

4.

Instruction of fire department employees in methods of firefighting or for civil defense instruction, and under the direct supervision of the fire department or authorized fire training instructor.

5.

Fires associated with ceremonial (bonfire) or recreational (fireplaces, fire rings, or fire pits) purposes.

a.

The location of ceremonial fires shall be a minimum of fifty (50) feet from a structure or combustible material. Approved materials to be burned shall be placed in a pile no larger than fifteen (15) feet in diameter and ten (10) feet in height. No more than one pile may be burned at any given time by an individual resident or property owner. Only the burning of dry and seasoned wood is permitted. The fire department shall inspect and approve the burn site. No permit is required.

b.

The location of recreational fires shall be a minimum of fifteen (15) feet from a structure or combustible material. Approved materials to be burned shall be placed in a pile no larger than three feet in diameter and two feet in height. Only the burning of dry and seasoned wood is permitted. No permit is required.

( Ord. No. 2015-13 , § 1, 4-28-2015; Ord. No. 2015-46 , § 1, 12-22-2015; Ord. No. 2016-16 , § 1, 7-26-2016; Ord. No. 2018-35 , § 1, 11-27-2018)