§ 5-38-310. Unlawful burning

(a) A person commits the offense of unlawful burning if the person:

1. (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. (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. (3)

   1. (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.

   2. (B) The escape of fire to adjoining timber, brush, or grassland is prima facie evidence that a necessary precaution was not taken;

4. (4) Builds a camp fire on another person’s land without clearing the ground immediately around it of material that will carry fire;

5. (5) Leaves on another person’s land a camp fire to spread on that person’s land;

6. (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. (7) Defaces or destroys a fire warning notice;

8. (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. (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. (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. (2) Subdivision (a)(9) of this section if the person was:

   1. (A) Acting under a permit issued by the chief executive of the political subdivision issuing the burn ban; or

   2. (B)

      1. (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.

      2. (ii)

         1. (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.

         2. (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.