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)