(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:
(1) When
atmospheric conditions or local circumstances make such fires hazardous;
and
(2) Which
would be in violation of Tex. Health & Safety Code, §§
382.001 et seq., as amended, or with the rules, regulations, and orders
of the TCEQ, pursuant thereto.
(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)
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
FIREWORKS.
Firecrackers, skyrockets, torpedoes, roman candles, sparklers,
fire balloons, and all substances, in whatever combination and by
whatever name, which are intended for use in obtaining visible or
audible effects by combustion, explosion or detonation. Such term
shall include all articles or substances within the ordinary meaning
of the term fireworks, whether or not specifically designated herein.
PERSON.
Any natural person, association or persons, partnership or
corporation and shall include any agent, officer, or employee of the
foregoing.
(Ordinance 395-94-03-22, passed 4-26-94)
Except as provided in §
91.18, the transporting, storing, offering for sale, sale, possession, assembly, manufacture, use or discharge of fireworks within the city and the offering for sale or sale of fireworks within 5,000 feet outside the city limits is hereby declared to be illegal and a public nuisance, and it shall be unlawful for any person to transport, store, offer for sale, sell, have in his possession, use, discharge, cause to be discharged, ignite, detonate or otherwise set into action any fireworks within the city.
(Ordinance 395-94-03-22, passed 4-26-94 Penalty, see § 10.99)
The duly appointed and acting Fire Marshal of the city or his
authorized representative is hereby authorized to enter any premises
where the unlawful presence of fireworks is suspected in order to
determine whether fireworks are present, and to seize, remove and
cause to be destroyed any fireworks found within the city or within
5,000 feet outside the city limits in violation of this subchapter.
(Ordinance 395-94-03-22, passed 4-26-94)
(A) This
subchapter shall not apply to signal flares transported or used by
railroads in connection with their operations; signal flares or rockets
for police use; auto safety flares; paper caps containing less than
.25 of a grain of explosive material per cap, designed for use in
toy guns or toy cannons; or to blank cartridges used in connection
with athletic or similar events.
(B) This
chapter shall not apply to pyrotechnic displays designed to entertain
the general public, which have been approved by the Fire Marshal in
advance and which are supervised by the Fire Marshal or his authorized
representative.
(Ordinance 395-94-03-22, passed 4-26-94)