The following definitions shall apply:
Burn.
A fire, flame or glow while consuming a material which is
to be caused to be destroyed by fire.
Construction materials.
Any new or used materials in part or in whole that are or
can be used in the construction of a building.
Demolition materials.
Any materials, products, items or trash, in part or in whole
that come from or out of a demolished building.
Fire.
The inclusive term for fire, fires, flames, embers, the smoke
there from, the smoldering when the flames have subsided and the smoke
when the flames have subsided as long as such smoke is visible.
Grass.
The inclusive term for grass, hay, straw, weeds and flowers.
Occupant.
Either the owner-occupant of the premises whereon such sale
is to be conducted or the tenant of the owner provided such tenant
is actually residing upon said premises, and dependent members of
the immediate family of the owner-occupant or tenant.
Open burn.
The kindling or maintaining a fire where the products of
combustion are emitted directly into the ambient air without passing
through a stack or a chimney.
Person.
Includes any individual, group, partnership, corporation,
association, nonprofit corporation, club, firm, company, or organization.
Personal property.
Property that is owned, utilized, and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence. This specifically excludes
merchandise that was purchased or acquired for resale or attained
on consignment. alleys, avenues, highways, courts, lanes, drives,
easements, and any other public property opened to passage by vehicle
or pedestrian traffic.
Trash.
The inclusive term for any solid, liquid or gaseous waste
products, which may be composed wholly or partly of such materials
as, but not limited to, garbage, sweepings, cleanings, rubbish, trade
waste, industrial, commercial and domestic waste, rags, animal feces,
plastic or plastic products, petroleum based products, rubber products,
cans, bottles, containers, tires, grease, paper products including
bound magazines or newspapers, food waste or byproducts, and animal
wastes and byproducts.
(Ordinance 2019-0610-02 adopted 6/10/19)
It shall be unlawful for any person to intentionally or knowingly
burn or cause to be burned, any rubbish, trash, waste, leaves, grass,
lumber or any other combustible materials in the city on any lot or
parcel of land and to allow or permit such fire to spread onto any
public street, alley, place or premises owned or occupied by another,
or to permit or allow the smoke or fumes from such burning to spread
onto the property of another in such a manner so as to constitute
a nuisance. Open burning is prohibited within the city unless a properly
executed permit is issued by the fire department with the approval
of the fire chief, his designated representative, or such other person
as may be required by law.
(Ordinance 2019-0610-02 adopted 6/10/19)
A permit required by section
5.06.002 is not required in the following instances. In no case do these exemptions forego other requirements of this article and all other applicable laws and regulations, including the laws prohibiting nuisances.
(1) Wood
fires or campfires in outdoor fireplaces, fire pits, stoves, heaters
or furnaces that are operated in accordance with all applicable laws
and regulations;
(2) Grilling
or cooking using charcoal, propane, electric, or natural gas in cooking
or grilling appliances for recreation or ceremonial purposes;
(3) Use
of an incinerator for any lawful purpose in accordance with all applicable
laws and regulations; or
(4) Fire
suppression training for personnel of a local government.
(Ordinance 2019-0610-02 adopted 6/10/19)
Permitted open burning shall be subject to the following requirements:
(1) On
site burning of trees, limbs, brush, grass and other dry plant material
shall be authorized only by permit.
(2) The
fire chief or any authorized officer, agent, employee or representative
of the city who presents credentials may inspect any property for
the purpose of ascertaining compliance with the provisions of this
article.
(3) The
fire chief or any authorized officer, agent, employee or representative
of the city may require a site plan or a site inspection prior to
a permit being issued.
(4) All
persons obtaining a permit must comply with applicable city, state
and federal laws and regulations.
(5) Burning
shall be commenced only when the wind will carry smoke and other pollutants
away from adjacent residences, the city in general, and any 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 person, 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 state department of public
safety.
(6) The
burning must be conducted downwind of, and at least three hundred
feet (300') from any residential or commercial structures, and from
any structures containing sensitive receptors, located on adjacent
properties, unless prior written approval is obtained from all of
the property owner(s) within three hundred feet (300') of the proposed
burn site. If written approval is obtained, the burn must be at least
fifty feet (50') from adjacent structures.
(7) Burning
will only be conducted between the hours of eight o’clock (8:00)
a.m. and five o’clock (5:00) p.m. on the day the permit is issued.
Burn permit is only valid for the day of issuance. In cases where
residual fires and/or smoldering objects continue to emit smoke after
this time, such areas shall be extinguished.
(8) The
wind conditions shall comply with the following: the wind speed must
not be less than six miles per hour (6 mph), and must not exceed twenty
miles per hour (20 mph). If there are predicted gusty winds, burning
will be prohibited.
(9) Burning
shall not be conducted during periods of actual or predicted persistent
(12 hours or more) low-level atmospheric temperature inversion (nonsurface-based)
or in areas covered by a current National Weather Service air stagnation
advisory (ozone alert).
(10) At all times during which burning activity is conducted, the permitted
person, who is at least eighteen (18) years of age, must constantly
attend and supervise the site until the fire is extinguished and the
ashes are cooled and covered.
(11) Adequate provisions must be made to prevent a fire from spreading.
Such provisions may include, but are not limited to, water breaks,
water supply, and/or equipment available to extinguish the fire.
(12) The city fire department will determine the allowable size of the
burn pile, according to the safety, health, and welfare of citizens
and property.
(13) Regardless of any provision of this article, the city fire department
may at their sole discretion, for the safety, health, and welfare
of citizens or property, cancel a permit or extinguish a fire, at
any time.
(Ordinance 2019-0610-02 adopted 6/10/19)
(a) Notice to fire department.
All persons must contact
the fire department to receive authorization to burn, on the day the
permit is issued:
(1) The fire chief, or his assigned designee, may authorize a person
to burn. The city fire department can be contacted at 972-483-7329,
ext 300.
(2) The city representative must assure no county, state, or federal
regulation has superseded the burn permit issued from the fire department.
(b) Burn permit.
It shall be unlawful for a person to conduct
or allow open burning without a burn permit as provided in this article.
Before any open burning is conducted, all persons shall complete a
burn permit application with the fire department. If the application
is approved, a burn permit and a copy of the applicable regulations
will be issued.
(c) Investigation.
Upon receiving an application for the
permit, the fire chief or his assigned designee, shall investigate
the request in order to determine that the terms of this article will
be met, that no possible hazards are present, and that the burn will
be performed at a favorable time; taking into account the condition
of the weather, environment, and wind, during each day that the burn
will be conducted.
(d) Nuisance.
It shall be unlawful for any person to conduct
or allow any open burning in such a manner as to constitute a nuisance.
It is hereby declared to be a nuisance for a person to allow a fire,
from an open burning, to spread to any public street, alley, place
or premises owned or occupied by another, or to permit or allow the
smoke or flames from such burning to spread onto or across the property
of another.
(e) Prohibited burning of materials.
It shall be unlawful
for any person to burn or allow to be burned any product, material
or substance that is not allowed by this article or by state or federal
law. The following, by this article, may not be burned: trash, construction
materials, demolition materials and any other materials prohibited
by state or federal law.
(f) Enforcement.
The fire chief or his assigned designee,
the police chief or his designee of the city, shall have the right
to enforce the terms of this article and to issue a citation for any
violation hereof.
(g) Emergencies.
Should an emergency arise, the fire chief,
or his designee, may suspend all provisions of this article.
(Ordinance 2019-0610-02 adopted 6/10/19)
A burn ban is when the county commissioner’s court, county
fire marshal, or fire chief or city council activates a ban against
any type of burning, during any length of time that they deem necessary.
The burn ban will pertain to any type of burning, such as control
burn, bonfire, campfire, trash or rubbish burning, discarding of light
materials or objects, and the use of fireworks of any type, regardless
of exemption herein. When a burn ban has been activated by the county,
the city must abide by the ban and cannot supersede the county’s
ruling.
(Ordinance 2019-0610-02 adopted 6/10/19)
Notwithstanding any other provisions of this article, any burn
shall be conducted in accordance with the Texas Clean Air Act, chapter
382, Texas Health and Safety Code, as it presently reads and as it
may be amended from time-to-time.
(Ordinance 2019-0610-02 adopted 6/10/19)
Any person, firm or corporation who violates any provision of
this article shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than $200.00 nor more
than $2,000.00. A separate offense shall be deemed committed each
day or portion of a day during or on which the violation continues
or otherwise occurs.
(Ordinance 2019-0610-02 adopted 6/10/19)