Bonfire.
An outdoor fire utilized for ceremonial purposes.
Open burning.
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires.
Recreational fire.
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.301)
Any person who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each offense.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.309)
A person must follow the procedures set forth by the county fire marshal, Argyle volunteer fire district or other enforcement agency to log activities for the kindling or maintaining of an open fire or a fire on any public street, road, or other public or private ground. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.302)
All outdoor burning shall be conducted in accordance with the Texas Outdoor Burning Rule, title 30 Texas Administrative Code (30 TAC) sections 111.201 through 111.221, and the International Fire Code (IFC), as may be amended from time to time. If a conflict should arise between the International Fire Code, the Texas Outdoor Burning Rule, title 30 Texas Administrative Code (30 TAC) sections 111.201 through 111.221, and this article, then the more stringent rule shall apply. Where required by state regulations, open burning shall only be permitted with prior approval from the state, provided that all conditions specified in the authorization are followed.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.303)
(a) 
Open burning that will be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
(b) 
Open burning of the following items is prohibited: electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, items containing natural or synthetic rubber and any other materials that the town, the county fire marshal, the Argyle volunteer fire district fire chief or any law enforcement official determines to be hazardous.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.304)
It shall be unlawful for a person, firm, or corporation to ignite or burn materials when a “no burn day” or a “burn ban” is in effect that has been ordered by the town, the mayor, the county commissioner’s court, the Argyle volunteer fire district fire chief, or the county fire marshal.
(Ordinance 430-07 adopted 8/21/07; Ordinance 448-08 adopted 3/18/08; 2004 Code, sec. 5.305)
(a) 
Bonfires.
A bonfire shall not be conducted within 300 feet of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition. Bonfires shall be limited to a maximum of 100 square feet in area and not exceed 10 feet in height.
(b) 
Open burning of trees and brush.
Open burning of trees and brush shall be conducted not less than 300 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet of any structure. Burning activities must commence no earlier than one hour after sunrise and be completely extinguished no later than one hour before sunset.
(c) 
Recreational fires.
Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions which could cause a recreational fire to spread within 25 feet of a structure shall be eliminated prior to ignition. Recreational fires shall be limited to a pile that is 3 feet or less in diameter and 2 feet or less in height.
(d) 
Trench burns.
Trench burns shall be conducted in air curtain trenches and in accordance with this article and the state requirements for trench burns. Burning activities must commence no earlier than one hour after sunrise and be completely extinguished no later than one hour before sunset.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.306)
Open burning, bonfires or recreational fires shall be constantly attended by the owner or occupant of the property on which the activity occurs who is then at least eighteen (18) years of age, until the fire is extinguished with no remaining embers. A minimum of one portable fire extinguisher complying with section 906 of the International Fire Code with a minimum 4-A rating, or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. The fire-extinguishing equipment that is available on-site shall be comparable to the size of the fire.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.307)
Notwithstanding provisions in the Texas Outdoor Burning Rule, title 30 Texas Administrative Code (30 TAC) sections 111.201 through 111.221, nothing in this article is designed to prohibit property owners or occupants from enjoying the use of outdoor fireplaces, outdoor firepits, barbeque grills or barbeque pits provided that the proper permits have been obtained and the activities are not prohibited as part of an “outdoor burn ban” ordered by the town or county.
(Ordinance 430-07 adopted 8/21/07; 2004 Code, sec. 5.308)