Words and phrases used in this article shall have the meanings set forth in this section. For the convenience of the reader, these defined words and phrases are underlined, but the absence of such indications does not imply a different meaning. Words and phrases which are not defined in this article but are defined in Title 30, chapter 111 of the Texas Administrative Code shall be given the meanings set forth within Title 30, section 111.203 of the Texas Administrative Code. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise.
Controlled burn.
The controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and confined to a predetermined area on property equal to or greater in size than one (1) acre, following appropriate planning and precautionary measures and after having obtained a bum permit from Lake Travis Fire and Rescue in the manner provided for by this article.
Enclosure.
A structure capable of containing the burning of any combustible materials and all flames and/or sparks.
Extinguished.
The absence of any visible flames, glowing coals, or smoke.
Fireworks.
Fireworks as defined in the 2006 International Fire Code.
Lake Travis Fire and Rescue (LTFR).
The fire protection and services unit of Travis County Emergency Services District No. 6, an emergency services district created pursuant to chapter 775, Texas Health and Safety Code and headquartered at 15304 Pheasant Lane, Lakeway, Texas 78734.
Permit.
The written authorization issued by LTFR which allows a person to conduct a controlled burn.
Person.
A natural person, a married couple, a corporation, a partnership, a business, or any other legal entity other than an unincorporated association.
Structures containing sensitive receptors.
A man-made structure used for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term “man-made structure” does not include such things as range fences, roads, bridges, hunting blinds or facilities used solely for the storage of hay or other livestock feeds. The term “sensitive live vegetation” means vegetation that has the potential to be damaged by smoke and heat, including, but not limited to: nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.
Sunrise/sunset.
The official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service offices.
(Ordinance 145 adopted 5/14/13)
No person within the corporate limits of the city may cause, suffer, allow or permit any outdoor burning, except as provided by this article.
(Ordinance 145 adopted 5/14/13)
The following activities shall be exempt from the requirements and prohibitions of this article:
(1) 
Outdoor burning related to the training of firefighting personnel as authorized by state law;
(2) 
Outdoor burning related to recreational or ceremonial purposes or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather. Provided however, that such outdoor burning shall only be exempt as long as the outdoor burning does not involve the burning of any of the prohibited materials listed in section 8.03.004 of this article;
(3) 
Outdoor burning which occurs within an enclosure; and
(4) 
No bum ban issued by the county is in effect.
(Ordinance 145 adopted 5/14/13)
Outdoor burning is authorized by this article upon the following terms and conditions:
(1) 
Unless the outdoor burning is exempt as described in section 8.03.004, outdoor burning shall only be conducted as a controlled burn on property that is under the ownership or control of one person, and only after the person responsible for such outdoor burning has obtained an outdoor burning permit issued by Lake Travis Fire and Rescue (LTFR) prior to initiation of the outdoor burn. In order to obtain an outdoor burning permit, the person responsible shall notify LTFR at least 3 business days in advance of the date of the burn and shall complete an application for a permit or provide the following in writing: the name, address and telephone number of the landowner where the burn will be conducted, description of the specific area and/or address of the site of the burn, the approximate start date and end time, and identification and contact information of a responsible party who can be contacted during the bum period.
(2) 
Outdoor burning shall be limited to the burning of brush, grass, leaves, trees and vegetation generated only from the property where the bum is to take place. Electrical insulation, treated lumber, plastics, non wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, tires, natural or synthetic rubber and household garbage shall not be burned.
(3) 
The controlled bum shall be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water, or off-site structure containing sensitive receptor(s).
(4) 
If at any time the controlled bum causes or may tend to cause smoke to blow onto or across a road or highway so as to obscure the vision of motorist the fire shall be extinguished.
(5) 
The controlled bum must be conducted downwind of or at least 300 feet (90 meters) from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the adjacent occupant with possessory control. Evidence of such written permission shall be located on the site of the bum and be available for inspection at the request of LTFR or the fire marshal.
(6) 
The controlled bum shall be conducted in compliance with the following meteorological and timing considerations:
(A) 
The initiation of burning shall commence no earlier than one hour after sunrise and be completed on the same day not later than one hour before sunset. A responsible party shall be present at all times during the active bum phase and when the fire is progressing. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after this time.
(B) 
Burning shall not be commenced when surface wind speed is predicted to be less than 6 miles per hour (mph) (five knots) or greater than 15 mph (13 knots) during the bum period.
(C) 
Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.
(7) 
Water must be readily available at the controlled burn site in order to control the fire. A fifty-five (55) gallon drum of water may be used if a water hose is unavailable.
(8) 
Due to radiant heat the burn area must be no closer than (50) feet from any structure.
(9) 
When outdoor burning bans are in effect the ban will supersede this article and outdoor burning authorized by this article will be prohibited until the ban is lifted.
(10) 
If at any time Lake Travis Fire and Rescue determines that a proposed controlled burn cannot be conducted without a risk to health, safety or property, Lake Travis Fire and Rescue shall notify the responsible person and the burn shall not be authorized. If the burn is already underway at the time of the determination, then the responsible party shall immediately extinguish the fire. If the responsible party cannot be located or refuses to extinguish the fire, the city and/or Lake Travis Fire and Rescue is authorized to enter the property and extinguish the fire.
(Ordinance 145 adopted 5/14/13)
A person violates this article if he or she possesses, sells or discharges fireworks within the city limits.
(Ordinance 145 adopted 5/14/13)
(a) 
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief and any and all remedies at law as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b) 
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding two thousand dollars ($2,000.00). Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a class C misdemeanor.
(Ordinance 145 adopted 5/14/13)