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)