The city hereby adopts the outdoor burning rules as outlined in title 30 of the Texas Administrative Code, sections 111.201 through 111.211, except as amended below. If a conflict occurs between title 30 of the Texas Administrative Code, sections 111.201 through 111.221 and this article, the stricter of the two codes shall prevail.
(Ordinance 2012-02-06-014 adopted 2/6/12)
No person may cause, suffer, allow, or permit any outdoor burning within the city limits, except as provided by this article. The burning of household trash, garbage of any form, or municipal solid waste is prohibited within the city limits. It shall also be unlawful for any person to light or have lighted any fire in any street, alley, thoroughfare or public property. Outdoor disposal or disposition of any material capable of igniting spontaneously, with the exception of the storage of fossil fuels, shall not be allowed. No furniture, construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber shall be burned.
(Ordinance 2012-02-06-014 adopted 2/6/12)
Regardless of the exceptions in title 30 of the Texas Administrative Code, sections 111.201 through 111.211, only fires, under the conditions described below, will be permitted within the corporate limits of the city:
(1) 
Fire training.
Outdoor burning shall be authorized for training of firefighting personnel when requested in writing and authorized either verbally or in writing by the county fire marshal’s office. The burning shall be authorized if notice of denial is not received within 10 working days after the date of postmark or date of personal delivery of the request.
(2) 
Domestic outdoor fires.
Outdoor burning shall be authorized for fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used for the purpose of supplying warmth during cold weather. Fires for cooking or warmth shall be limited to fires in a fireproof container, such as a bar-b-que pit or chimenea, made of brick, stone, metal, or other fireproof material in such a manner to prevent said fire from escaping. Domestic outdoor fires do not require a burn permit.
(3) 
Land clearing.
Special permission may be obtained for the burning of vegetation in the clearing of land. See section 5.07.004 below for obtaining permission to burn.
(4) 
Disposal fires.
Except as provided in Local Government Code, section 352.082, outdoor burning is authorized for the following:
(A) 
Diseased animal carcass burning when burning is the most effective means of controlling the spread of disease;
(B) 
Veterinarians in accordance with Texas Occupations Code, section 801.361, Disposal of Animal Remains;
(C) 
Brush, trees, and other plant growth causing a detrimental public health and safety condition burned by a county or municipal government at a site it owns upon receiving site and burn approval from the executive director of the state commission on environmental quality. Such a burn can only be authorized when there is no practical alternative, and it may be done no more frequently than once every two months. Such burns cannot be conducted at municipal solid waste landfills unless authorized by regulations of the state commission on environmental quality.
(5) 
Otherwise prohibited outdoor burning.
If not otherwise authorized by this article, outdoor burning may be authorized by written permission from the city council if there is no practical alternative and if the burning will not cause or contribute to a nuisance, traffic hazard or to a violation of any federal or state primary or secondary ambient air standard. The city council may specify procedures or methods to control or abate emissions from outdoor burning authorized pursuant to this article. Authorization to burn may be revoked by the city council at any time if the burning causes nuisance conditions, is not conducted in accordance with the specified conditions, violates any provision of an applicable permit, or causes a violation of any air quality standard.
(Ordinance 2012-02-06-014 adopted 2/6/12)
(a) 
Application for a “permit to burn” shall be made to the city manager in writing by the owner, operator, or other person in control of the property upon which the burning is to occur. Application shall indicate the permitted address, applicant’s name, address and telephone number and valid driver’s license or identification number.
(b) 
The permit is effective for thirty (30) days from the date of issuance.
(c) 
Requestor must obtain final approval to burn from the county fire marshal’s office immediately prior to the start of burning to ensure that weather conditions will be conducive to this type of burning.
(d) 
Permit is automatically voided if the county fire marshal’s office considers the conditions unsafe.
(Ordinance 2012-02-06-014 adopted 2/6/12)
The fee for a “permit to burn” shall be paid before the permit is issued. The fee for said permit shall be adopted separately by city council.
(Ordinance 2012-02-06-014 adopted 2/6/12)
(a) 
Requester must contact the city fire department prior to burning. The fire chief, or his designee, shall inspect the burn site and materials to ensure that no prohibited materials are included and that general requirements are being followed.
(b) 
Burning is permitted only 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.
(c) 
If at any time the burning 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 flag persons on the affected roads.
(d) 
Fires must be kept downwind of, or at least 300 feet away, from any neighboring structure.
(e) 
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.
(f) 
Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.
(g) 
Burning may begin no earlier than one hour after sunrise and must end the same day no later than one hour before sunset.
(h) 
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.
(i) 
Any residual fires and/or smoldering objects that continue to emit smoke must be extinguished at the end of the burn.
(Ordinance 2012-02-06-014 adopted 2/6/12)
The authority to conduct outdoor burning under this article does not exempt or excuse the requestor from complying with all other applicable laws or ordinances, regulations, and orders of any governmental entity having jurisdiction, even though the burning is otherwise conducted in compliance with this article.
(Ordinance 2012-02-06-014 adopted 2/6/12)
Any person violating any portion or provision of this article shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punishable by a fine not to exceed $2,000.00. Each day a violation occurs or continues shall be deemed a separate offense.
(Ordinance 2012-02-06-014 adopted 2/6/12)