ORDINANCE NO. 1227
AN ORDINANCE AMENDING SECTIONS 8.16.350 PERTAINING TO THE REQUIREMENTS FOR OPEN BURNING FOR RECREATIONAL OR CEREMONIAL PURPOSES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND DECLARING AN EMERGENCY.
EMERGENCY ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WARR ACRES, OKLAHOMA:
SECTION I. That Title 8, Chapter 8.16, Section 8.16.350 of the Warr Acres Municipal Code be amended to read as follows:
No person shall cause or permit open burning in any public or private place outside any building, provided that open burning may be conducted if no public nuisance is or will be created, as follows:
A. Fires purposely set for the instruction and training of firefighting personnel when authorized by the fire chief;
B. Fires set for the elimination of fire hazards or hazardous material where there is no other practical or lawful method of disposal, and such burning is authorized by the director and fire chief;
1. The fire is contained within an area not greater than three (3) feet in diameter,
2. A spark guard or screen is utilized so as to reduce embers and sparks,
3. The material burned does not include materials referenced within any other subsection of this Section.
D. Fires purposely set for the management of forest or game in accordance with practices recommended by the Oklahoma department of agriculture or the United States forest service, and which are authorized by the fire chief;
E. The burning of refuse and other combustible materials generated in the operation of a domestic household when no regular garbage service is available;
F. The burning of combustible material in an open pit incinerator which is designed and operated for the control of smoke and particulate matter;
G. The burning of hydrocarbons by atmospheric flares when no other means of disposal is practical;
H. The burning of trees, brush, grass and other vegetable matter for the purpose of clearing land, and agricultural crop burning when:
1. The burning is not within one hundred fifty feet (150') of an occupied residence or structure other than those located on property where the burning is conducted,
2. Care is used to minimize the amount of dirt on the material being burned,
3. Oil, rubber and other similar materials which produce unreasonable amounts of air contaminants and smoke are not burned,
4. The burning occurs between three (3) hours after sunrise and three (3) hours before sunset,
5. No traffic hazard is created,
6. The proposed burn site is preinspected by the fire chief or his designee and approved allowing for conditions including, but not limited to, humidity, wind speed, precautions, availability of water, terrain and fire protection,
7. A burn permit is approved and signed by the fire chief or his designee after payment of a fee of seventy five dollars ($75.00),
8. Burn permits are effective for one day increments and may be withdrawn and refunded at the discretion of the fire chief or his designee.
SECTION II. REPEAL. All ordinances conflicting with Section I of this ordinance are hereby repealed upon the effective date of this ordinance.
SECTION III. SEVERABILITY. The provisions of this ordinance are severable and if any part or provision thereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts or provisions hereof.
SECTION IV. EMERGENCY. Whereas, it being immediately necessary for the preservation of the peace, health, welfare and safety of the City of Warr Acres, Oklahoma and the inhabitants thereof that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist by reason whereof this ordinance shall take effect and be in full force and effect from and after its passage as provided by law.
ADOPTED AND PASSED by the Council of the City of Warr Acres, Oklahoma after a public hearing thereon and in compliance with the Oklahoma Open Meeting Act on this 21
st
day of March, 2023.
MAYOR
ATTEST:
CITY CLERK
APPROVED as to form this 21
st
day of March, 2023.
_____________________________
CITY ATTORNEY