This article shall not be administered, construed, or interpreted in any manner which would render this article in conflict with, or inconsistent with, Texas Health and Safety Code, section 382.001 et seq., as amended, and with the rules, regulations, and orders of the TCEQ adopted pursuant thereto, so that authorization for such burning under said statute requires additional authorization under this article to protect against fire hazards.
(2007 Code, sec. 5.03.001)
Any person convicted of a violation of any provision of this article shall be guilty of a class C misdemeanor and shall be fined in accordance with the general penalty in section 1.01.009 of this code. Each day of violation shall constitute another violation.
(2007 Code, sec. 5.03.002)
No person shall kindle or maintain any open fire, or authorize such fire to be kindled or maintained, on any private land or any public street, alley, road, or other public grounds within the city without first obtaining a permit for such fire from the city’s designated fire marshal 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 state commission on environmental quality (TCEQ) pursuant to 30 Texas Administrative Code section 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 which are contained in a fireplace, pit or other type of grill which is specifically designed for fires, in the noncommercial preparation of food or used for the purpose of supplying warmth during cold weather, as long as the fire otherwise complies with TCEQ regulations; or
(3) 
Those fires that may be permitted under article 1.07, division 2 of this code pertaining to special events.
(2007 Code, sec. 5.03.003)
A permit under this article 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.
(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.
(3) 
Any fire department official or law enforcement officer is authorized to order the extinguishment by the permit holder of open burning that creates or adds to a hazardous or objectionable situation.
(4) 
The initiation of burning shall commence no earlier than one hour after sunrise and [burning shall be] completed on the same day no later than one hour before sunset, which shall include any residual fire and/or smoke.
(5) 
Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphalted materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber shall not be burned.
(2007 Code, sec. 5.03.004)
The above notwithstanding, the city’s designated fire marshal, the chief of police or their designated representatives may prohibit any and all fires:
(1) 
When atmospheric conditions or local circumstances make such fires hazardous; or
(2) 
Which would be in violation of the Texas Health and Safety Code, section 382.001 et seq., as amended, or with the rules, regulations, and orders of the TCEQ pursuant thereto.
(2007 Code, sec. 5.03.005)
It shall be unlawful for any person to burn any type of trash, brush, or any other type of burnable debris within the city limits, except as provided above.
(2007 Code, sec. 5.03.006)