(A)
Permit Required.
No person shall kindle or maintain any open fire, or authorize such fire to be kindled or maintained, on any private land or on any public street, alley, road, or other public grounds within the city without first having obtained a permit for such fire from the Fire Marshal of the city or his authorized representative unless the open fire qualifies under one of the following exceptions:
(1)
Firefighter training if authorization has been provided by the Texas Commission on Environmental Quality (TCEQ) pursuant to 30 Texas Administrative Code §§111.201 et seq., as amended, or by the rules, regulations, and orders of the TCEQ (collectively referred to as “TCEQ Regulations”);
(2)
Fires for recreational or ceremonial purposes, in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather as long as the fires otherwise comply with TCEQ Regulations.
(B)
Restrictions.
A permit under this section shall be given only for good cause shown and shall be subject to such restrictions as may be deemed necessary to limit the hazardous effects thereof on residents and property within the city. Restrictions on proposed open fires under such permit shall include, but not be limited to , the following:
(1)
The location of such open fire shall not be less than 50 feet from any structure, and adequate provision shall be made to prevent such fire from spreading within 50 feet of any structure; or such fire shall be contained in an approved waste burner located safely no less than 15 feet from any structure.
(2)
Such open fire shall be constantly attended by a competent person until the fire is extinguished, and such person shall have a garden hose connected to a water supply or have other fire-extinguishing equipment readily available for use.
(C)
Open Fires Prohibited.
The above notwithstanding, the Fire Marshal, or his authorized representative, may prohibit any or all open fires:
(D)
Interpretation.
This section shall not be administered, construed, or interpreted in any manner which would render this section in conflict with, or inconsistent with, Tex. Health & Safety Code, §§ 382.001 et seq., as amended, and with the rules, regulations, and orders of the Air Control Board of the State of Texas. Rather this section shall be deemed to be supplementary to Tex. Health & Safety Code, §§ 382.001, and the rules, regulations, and orders of the Texas Air Control Board adopted pursuant thereto, so that authorization for such burning under said statute, and the rules, regulations, and orders of the Texas Air Control Board adopted pursuant thereto, require additional authorization under this section to protect against fire hazards.
(Ordinance 207-85-8-13, passed 8-13-85 Penalty, see § 10.99; Ordinance 696-03-02-11, passed 2-11-03)