Commissioners issue fire ban

On Tuesday July 26 the Webster County Commissioners instated a fire ban. In response to what triggered the fire ban the commissioners stated, “After consulting with the local fire districts and the State Fire Marshall’s office, it was confirmed that Webster County is in the ‘Severe Drought’ region. With some of our neighboring counties issuing similar orders, this action is needed to help protect our county residents’ properties, investments and livelihoods.” The full order is below: 

AN ORDER, AUTHORIZING PROCEDURES TO ENACT

A COUNTY-WIDE BURN BAN PURSUANT TO THE AUTHORITY OF

STATE LAW AND SECTION 49.266 RSMO

ORDER #2022-03

BE IT ORDAINED BY THE COUNTY COMMISSION OF WEBSTER COUNTY, MISSOURI, AS FOLLOWS:

WHEREAS, the County Commission of Webster County, Missouri, is authorized to enact Orders to promote and enhance the public health, safety and general welfare of individuals within Webster County, Missouri; and

WHEREAS, Section 49.266 RSMO authorizes the enactment of a County-wide ban of open fires pursuant to the provisions of that Statute:

1.  It shall be unlawful to knowingly start, initiate, cause, permit, or conduct a fire on property located in Webster County, Missouri, excluding outdoor grills utilized for cooking purposes.  Violation of this Order shall be a Class A misdemeanor as defined by State Law.
2. Each violation of an open burning ban imposed under this Order shall be considered a separate offense for each day or part of the day in which the violation is committed.
3. The Webster County Commission may enact a County-wide burn ban upon a determination by the State Fire Marshall that a burn ban order is appropriate for Webster County pursuant to the provisions of Section 49.266.3 RSMO
4. State agencies responsible for fire management or fire suppression activities and persons conducting agricultural burning using best management practices as defined by the Missouri Department of Conservation, shall not be subject to the provisions of this Order.
5. This Order shall not affect the ability of an individual, organization, or corporation to sell fireworks during the period of a burn ban but it does prohibit the usage of all missile and skyrocket devices.
6. Each Order imposed under this Order shall state the conditions which warrant such County-wide burn ban and notice shall be provided to the general public of the enactment of the burn ban.
7. Prior to enacting a County-wide burn ban, the Commission must receive information of the condition precedent established in Section 49.266.3 RSMO
8. Any burn ban imposed under this Order shall remain in effect for a period not to exceed thirty (30) days.  However, the Webster County Commission may extend or rescind the ban if necessary.
9. This Order and any burn ban when enacted shall be applicable to all unincorporated areas of Webster County, Missouri, and all incorporated areas within Webster County that do not have a municipal ordinance banning open burning.
10. Burn ban violators will be subject to a minimum fine of $250.00 up to the maximum allowed by a class A misdemeanor.  Additionally, restitution for services provided will be awarded to the responding fire department(s).

This Order shall be in full force and in effect from and after its passage and adoption.  Should any provision within the Order be adjudged invalid, said determination shall not affect the validity of the balance of this Order.

THIS ORDER WAS PASSED AND ADOPTED ON THE 26^th DAY OF JULY, 2022.

Attest:

Paul Ipock, Presiding Commissioner

Randy Owens, Southern Commissioner

Dale Fraker, Northern Commissioner

Stanley D. Whitehurst, County Clerk