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5-38-310. Unlawful burning.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-38-310. Unlawful burning.
(a) A person commits the offense of unlawful burning if the person:
(1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person's land;
(2) Allows a fire that he or she built or has charge of to escape from his or her control or to spread to a person's land other than that of the builder of the fire;
(3)(A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire.
(B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken;
(4) Builds a camp fire on another person's land without clearing the ground immediately around it of material that will carry fire;
(5) Leaves on another person's land a camp fire to spread on that person's land;
(6) Starts a fire in forest material not the person's own by throwing away a lighted cigar, match, or cigarette or by the use of a firearm or in any other manner and leaves the fire unextinguished;
(7) Defaces or destroys a fire warning notice;
(8) Is an employee of the Arkansas Forestry Commission or an officer charged with a duty of enforcing a criminal law and fails to attempt to secure the arrest and conviction of a person against whom he or she has evidence or can secure evidence of violating a fire law; or
(9) Sets on fire or causes or procures to be set on fire any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108.
(b) Unlawful burning is a Class A misde
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-38-310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-38-310
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5f196f7af593a211fd2ea78eae35adb7d1f4af7f9ec04a83d3cdcd328d5c0858
Source location: content.xml paragraph 17629
Stored source content
5-38-310. Unlawful burning.
(a) A person commits the offense of unlawful burning if the person:
(1) Sets on fire or causes or procures to be set on fire any forest, brush, or other inflammable vegetation on another person's land;
(2) Allows a fire that he or she built or has charge of to escape from his or her control or to spread to a person's land other than that of the builder of the fire;
(3)(A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire.
(B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken;
(4) Builds a camp fire on another person's land without clearing the ground immediately around it of material that will carry fire;
(5) Leaves on another person's land a camp fire to spread on that person's land;
(6) Starts a fire in forest material not the person's own by throwing away a lighted cigar, match, or cigarette or by the use of a firearm or in any other manner and leaves the fire unextinguished;
(7) Defaces or destroys a fire warning notice;
(8) Is an employee of the Arkansas Forestry Commission or an officer charged with a duty of enforcing a criminal law and fails to attempt to secure the arrest and conviction of a person against whom he or she has evidence or can secure evidence of violating a fire law; or
(9) Sets on fire or causes or procures to be set on fire any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108.
(b) Unlawful burning is a Class A misdemeanor.
(c) A bond for costs shall not be required in a court of this state for prosecution for violation of this section.
(d) It is not a violation of:
(1) Subdivision (a)(8) of this section for an employee of the commission to fail to enforce subdivision (a)(9) of this section; or
(2) Subdivision (a)(9) of this section if the person was:
(A) Acting under a permit issued by the chief executive of the political subdivision issuing the burn ban; or
(B)(i) Setting on fire or causing or procuring to be set on fire any crop remainder or remaining vegetation after harvest of the crop on the person's land.
(ii)(a) In order to provide a safety barrier between the crop remainder or remaining vegetation and adjacent land, the person shall perform adequate disking of field perimeters or perform other safety measures as required by the county burn ban officer.
(b) If the person does not comply with subdivision (d)(2)(B)(ii)(a ) of this section, the defense under subdivision (d)(2)(B)(i) is not available, and the person is liable for actual damages to adjacent land caused by the fire.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-108. Local disaster emergencies — Declaration.
(a)(1) A local disaster emergency may be declared only by the chief executive or his or her designee of a political subdivision.
(2) If time is critical because of a rapidly occurring disaster emergency event, the chief executive verbally may declare a local disaster emergency for immediate response and recovery purposes until the formalities of a written declaration can be completed in the prescribed manner.
(3) A declaration of a local disaster emergency shall not be continued or renewed for a period in excess of one hundred twenty (120) days except by or with the consent of the governing body of the political subdivision.
(4) Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or county clerk, as applicable.
(b)(1) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to initiate emergency management functions under this chapter.
(2)(A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency.
(B) Local regulatory ordinances include, but are not limited to:
(i) Zoning ordinances;
(ii) Subdivision regulations;
(iii) Regulations controlling the development of land;
(iv) Building
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-75-108. This identifies an authority to review, not proof of applicability.