This article is adopted so that the city council may promote the public health, safety, and general welfare within the city through the regulation of fires in order to prevent bodily injury, death, and property damage within the city limits.
(Ordinance 428, sec. 3, adopted 7/17/2012)
This article shall apply within and throughout the incorporated municipal boundary (i.e., city limits) of the city.
(Ordinance 428, sec. 4, adopted 7/17/2012)
The city council hereby adopts the outdoor burning regulations set forth in title 30 of the Texas Administrative Code, sections 111.201–111.221, as it exists and as it may be amended. If a conflict occurs between title 30 of the Texas Administrative Code, sections 111.201–111.221, and this article, the stricter of the two codes shall apply.
(Ordinance 428, sec. 5, adopted 7/17/2012)
It shall be unlawful for any person to cause or permit the outdoor burning of any of the following materials:
(1) 
Domestic waste, household garbage, trash or rubbish, including yard trimmings, leaves, and similar materials, in any form, except as provided in section 5.05.005(f);
(2) 
Materials for which a recycling facility or program is available within the city;
(3) 
Metals and other noncombustible materials;
(4) 
Plastics, rubber, tires, carpet and related backing;
(5) 
Any materials having combustible products that are hazardous, such as asbestos, plastics, flooring materials, waste oils, solvents, paints, items containing natural or synthetic rubber, potentially explosive materials, and other similar products.
(Ordinance 428, sec. 6, adopted 7/17/2012)
(a) 
Fire training.
Outdoor burning shall be authorized for training of firefighting personnel by the city fire department when authorized and supervised by the office of the chief of the city fire department. Fire-training outdoor fires do not require a burn permit.
(b) 
Domestic outdoor fires.
Outdoor burning is authorized for noncommercial preparation of food, for recreational or ceremonial purposes, or exclusively for warmth during cold weather, provided such a fire is built in a fireproof container, such as a barbecue pit or chimney, made of brick, stone, metal, or other fireproof material, in such a manner as to prevent fire from escaping. Domestic outdoor fires do not require a burn permit.
(c) 
Land clearing operations.
A permit may be obtained from the city fire marshal for the burning of vegetation in the clearing of land. See section 5.05.006 below for obtaining a permit to burn. “Land clearing operation,” as defined by title 30, Texas Administrative Code, section 111.203(2), as adopted and as may be amended, means “the uprooting, cutting, or clearing of vegetation in connection with conversion for the construction of buildings, rights-of-way, residential, commercial, or industrial development, or the clearing of vegetation to enhance property value, access, or production. It does not include maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property cleanup activities, nor does it include burning following clearing for ecological restoration.”
(d) 
Disposal of animal remains.
A permit may be obtained to burn diseased animal carcasses when burning is the most effective means of controlling the spread of disease. Licensed veterinarians, in accordance with Texas Occupations Code, section 801.361, may dispose of animal remains by burning without acquiring a burn permit.
(e) 
Public health and safety burns.
Brush, trees, and other plant growth causing a detrimental public health and safety condition may be burned by the city at a site it owns upon receiving site and burn approval from the city manager. Such a burn may only be authorized when there is no practical alternative, and it may be done no more frequently than once every two months. Such burns may not be conducted at a solid waste landfill owned by the city unless authorized under 30 Texas Administrative Code section 111.215, and shall be subject to the requirements of 30 Texas Administrative Code section 111.219.
(f) 
Disposal fires.
Outdoor burning is authorized for on-site burning of trees, brush, grass, leaves, branch trimmings, or other plant growth, by the owner of the property or any other person authorized by the owner, and when the material is generated only from that property. Such burning is subject to the following requirements:
(1) 
Burning 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 member of the public, public road, landing strip, navigable water, or off-site structure containing sensitive receptor(s).
(2) 
If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burn to post flagpersons on affected roads.
(3) 
Burning 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. Burning shall be completed on the same day not later than one hour before sunset, and shall be attended by a responsible party at all times during the active burn phase 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 six miles per hour (mph) (five knots) or greater than 23 mph (20 knots) during the burn period.
(C) 
Burning shall not be conducted during periods of actual or predicted persistent low level atmospheric temperature inversions.
(4) 
Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned.
(5) 
Burning shall not be conducted within fifty (50) feet of a structure.
Failure to comply with any requirement in this subsection shall authorize any public enforcement official to require that a disposal fire be immediately extinguished, and may result in a citation, penalty, or other available relief allowed under section 5.05.010 (enforcement and penalties) for the enforcement of this article.
(Ordinance 428, sec. 7, adopted 7/17/2012)
(a) 
Application for a “permit to burn” shall be made in writing to the fire marshal by the owner, operator, or other person in control of the property upon which the burning is to occur. The application shall indicate the permitted address, applicant’s name and address, telephone number, and a valid driver’s license number.
(b) 
The fire marshal will issue a permit to burn for applications meeting the requirements of section 5.05.005(c) if, in his or her opinion, the proposed burn will not endanger persons or property, create a nuisance, or occur when atmospheric conditions or local circumstances make outdoor burning hazardous, as formally declared by the mayor of the city.
(c) 
A permit granted under this article is effective for thirty (30) days from the date of issuance.
(d) 
A permittee must obtain final approval to burn from the fire marshal immediately prior to the start of burning to ensure that weather conditions will be conducive to burning.
(e) 
A permit to burn may be immediately voided by the fire marshal if he or she determines that either of the conditions noted in subsection (b) of this section have occurred after issuance of the permit.
(Ordinance 428, sec. 8, adopted 7/17/2012)
A fee as provided in the fee schedule for a permit to burn shall be paid before the permit will be issued.
(Ordinance 428, sec. 9, adopted 7/17/2012; Ordinance adopting Code)
(a) 
A requestor/permittee shall ensure that the burn site and materials to be burned do not include prohibited materials, that a permit to burn has been obtained, that the proper offices have been notified and that general requirements are being followed. The requestor/permittee is solely and wholly responsible for compliance with this article and applicable state and federal regulations relative to outdoor burning.
(b) 
Burning is permitted only if more than fifty (50) feet from a structure and when the wind direction and other meteorological conditions are such that the smoke and other pollutants will not present a hazard to any public road or have an effect on any building structure. Once the burn is initiated, if at any time it causes or may tend to cause smoke to blow onto or across a street, roadway, or highway, it is the responsibility of the person initiating the burn to post flagpersons on the affected roads.
(c) 
Fires must be kept downwind of, or at least three hundred (300) feet away from, any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the adjacent occupant with possessory control. The phrase “structure containing sensitive receptors” is defined in 30 Texas Administrative Code, section 111.203(7) as: “A man-made structure utilized 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’ is defined as vegetation that has potential to be damaged by smoke and heat, examples of which include, but are not limited to, nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.”
(d) 
Burning shall not commence when the surface wind speed is predicted to be less than six miles per hour (6 mph or 5 knots) or greater than twenty-three miles per hour (23 mph or 20 knots) during the burn period.
(e) 
Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.
(f) 
Burning may begin no earlier than one hour after sunrise and must end the same day no later than one hour before sunset.
(g) 
A responsible party must be present while the burn is active. Such persons shall have a water hose connected to a reliable water supply or have other fire extinguishing equipment readily available for use.
(h) 
Any residual fires and/or smoldering objects that continue to emit smoke must be extinguished at the end of the burn.
(i) 
Only brush/vegetation generated and gathered from the burn site area will be permitted. There shall be no importation of brush from any other properties for the purpose of burning.
(Ordinance 428, sec. 10, adopted 7/17/2012)
The authorization to conduct outdoor burning under this article does not exempt or excuse the requestor/permittee from compliance with all other applicable laws or ordinances, regulations, and orders from any governmental entity having jurisdiction, even though the burning is otherwise conducted in compliance with this article. The requestor/permittee, and property owner of the burn site if other than the requestor/permittee, shall be fully liable for any and all damages resulting from a fire set by said requestor/permittee or other individual participating in the burn activity.
(Ordinance 428, sec. 11, adopted 7/17/2012)
(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 as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b) 
Enforcement officers.
The provisions of this article shall be enforced by city police officers, code enforcement officers, or the fire marshal or his/her designee.
(c) 
Criminal prosecution.
Any person authorized to enforce the provisions of this article may issue immediate notice of violations to persons violating any provision herein, and such criminal violation shall be prosecuted as a class C misdemeanor in the city municipal court and/or other court of competent jurisdiction. 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, or part thereof, that a provision of this article is violated shall constitute a separate offense.
(d) 
Culpability.
Unless otherwise specifically set forth herein or in state law as adopted, allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(e) 
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
(2) 
A civil penalty up to $1,000.00 a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
(3) 
Other available relief.
(Ordinance 428, sec. 12, adopted 7/17/2012)