(A) 
Except with prior written permission of, and upon such conditions as imposed by the Municipal Fire Chief or his designee, it shall be unlawful for any person to burn rubbish, trash, waste, leaves, weeds, grass, lumber, or any other combustible material within the corporate limits of the city, except as provided by division (B) of this section and the 2012 edition of International Fire Code.
(B) 
Outdoor burning shall only be authorized within the city in accordance with the following instances:
(1) 
Training of fire-fighting personnel in accordance with TCEQ regulations.
(2) 
Fires used solely for recreational purposes, in a portable fire pit, chiminea, or other designed container that is manufactured for the sole purpose of an outdoor fire for recreational use only. Such burning shall be subject to the requirements of sec. 91.16. The following criteria apply:
(a) 
It is used no less than 15 feet away from a combustible structure (IFC 307.4.3).
(b) 
It is located on a solid surface, such as concrete or stone pad, with a minimum dimension of four feet by four feet.
(c) 
The fire is fueled by fire logs, natural gas or propane, charcoal, or hardwood. At no time will the burning of yard debris, household trash, or construction material be allowed or any other material that will produce heavy smoke.
(3) 
Recreational fires shall be constantly attended by a competent adult until the fire is extinguished. A minimum of one portable fire extinguisher complying 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. (IFC 307.5)
(4) 
The attending adult shall not meet the definition of “intoxicated” according to Tex. Penal Code, Title 10, Chapter 49, Section 1, (2), (A).
(5) 
Any time a fire is deemed a nuisance or hazardous it shall be extinguished at the request of any fire department personnel or law enforcement.
Penalty, see sec. 10.99
(Ordinance 377 adopted 3/28/95; Am. Ordinance 09-0324-03 adopted 3/24/09; Am. Ordinance 13-0618-01 adopted 6/18/13)
Outdoor burning which otherwise is permissible shall also be subject to the following requirements when specific in sec. 91.15(B):
(A) 
A permit shall be obtained from the Municipal Fire Chief or his designee prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pest, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. (IFC 307.2)
(B) 
Burning shall be commenced only when the wind will carry smoke and other pollutants away from any residential, recreational, commercial, or industrial area, navigable water, public road, or landing strip which may be affected by the smoke. Burning shall not be conducted when a shift in wind direction is predicted which could produce adverse effects to persons, animals, or property during the burning period. 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 burning to post flag-persons on affected roads in accordance with the requirements of the Department of Public Safety.
(C) 
Open burning or bonfires shall be constantly attended by a competent adult until the fire is extinguished. A minimum of one portable fire extinguisher complying 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. (IFC 307.5)
(D) 
The burning must be at least 50 feet from any adjacent structure or sensitive receptor which have residential, recreational, commercial or industrial use. (IFC 307.4)
(E) 
Burning shall not be conducted during periods of actual or predicted persistent (12 hours or more) low-level atmospheric temperature inversive (non-surface based) or in areas covered by a current National Weather Service’s Air Stagnation Advisory.
(F) 
Heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any material which may produce unreasonable amounts of smoke shall not be burned.
(G) 
Diseased animal carcasses when this is the best way to control disease.
(H) 
Wood and paper products generated from a natural disaster event such as a tornado or storms generated from a hurricane, and the like, with approval of the TCEQ.
(I) 
The attending adult shall not meet the definition of “intoxicated” according to Tex. Penal Code, Title 10, Chapter 49, Section 1, (2), (A).
(J) 
Any time a fire is deemed a nuisance or hazardous it shall be extinguished at the request of any fire department personnel or law enforcement.
Penalty, see sec. 10.99
(Ordinance 377 adopted 3/28/95; Am. Ordinance 09-0324-03 adopted 3/24/09; Am. Ordinance 13-0618-01 adopted 6/18/13)
Every applicant, before being granted a permit hereunder, shall pay to the city a non-refundable fee of $10.
(Ordinance 13-0618-01 adopted 6/18/13)
The authority to conduct outdoor burning under this subchapter does not exempt or excuse any person responsible from the consequences, damage, or injuries resulting from the burning, and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations, and orders of the city or other governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this subchapter.
(Ordinance 377 adopted 3/28/95; Am. Ordinance 09-0324-03 adopted 3/24/09; Am. Ordinance 13-0618-01 adopted 6/18/13)
The city will recognize and follow any outdoor burn ban or emergency no outdoor burning declaration initiated by the Smith County Commissioner’s Court or County Judge. The Mayor upon request of the City Manager may implement a 30-day emergency no outdoor burning declaration should conditions inside the city limits require action to prevent a natural fire disaster from occurring inside the city. Said declaration shall be ratified by City Council at their next regularly scheduled meeting.
(Ordinance 09-0324-03 adopted 3/24/09; Am. Ordinance 13-0618-01 adopted 6/18/13)
No person may cause, suffer, allow or permit any material, except for abrasive material for snow and ice control, to be handled, transported or stored without taking at least the following precautions to achieve maximum control of dust emissions to the extent practicable:
(A) 
Application of water or suitable chemicals or some other covering on materials stockpiles and other surfaces which can create airborne dusts.
(B) 
Installation, maintenance and proper use of hoods, fans and filters to enclose, collect, and clean the emissions of dusty materials.
(C) 
Application of complete covering of all materials contained in open-bodied trucks, trailers, or railroad cars transporting such materials into or through the city which could result in the discharge of airborne particulate matter or solid matter in areas where the general public has access.
(Ordinance 09-0324-03 adopted 3/24/09; Am. Ordinance 13-0618-01 adopted 6/18/13)
No person may cause, suffer, allow, or permit a structure, road, street, alley, or parking area to be constructed, altered, repaired, or demolished, or land to be cleared without taking at least the following precautions to achieve control of dust emissions within the city:
(A) 
Use of water or of suitable oil or chemicals for control of dust in the demolition of structures, in construction operations, in work performed on a road, street, alley, or parking area, in the clearing of land.
(B) 
Use of adequate methods such as wet-sandblasting and enclosure of work areas to prevent airborne particulate matter during sandblasting of structures or other similar operations.
(C) 
Application of asphalt, other paving materials, water, suitable oil or chemicals on construction and/or demolition site access roads.
(Ordinance 09-0324-03 adopted 3/24/09; Am. Ordinance 13-0618-01 adopted 6/18/13)