(a) 
Title.
This article shall be commonly cited as the revised burn ordinance.
(b) 
Scope.
This article applies to all outdoor burning within the incorporated municipal boundaries (i.e., “city limits”) and extraterritorial jurisdiction (ETJ) where allowed by law.
(Ordinance 2016-08-05, sec. 1, adopted 8/2/16)
The purpose of this article is to limit the loss of life and property and health concerns associated with and contributed to by activities related to burning of materials in a mostly populated area.
(Ordinance 2016-08-05, sec. 2, adopted 8/2/16)
Authorized fires.
Fires allowed by this article, that do not cause undue harm to property or the public.
Domestic waste.
Waste generated on-site by a private residence, housing not more than three families.
Nuisance burning.
Any burn that creates dangerous conditions which are detrimental to the life, health and property of the citizens of the city.
Repeat offender.
A person, business or other entity committing the same or similar offense governed by this article more than 3 times within 1 calendar year.
State commission on environmental quality (TCEQ).
The state commission on environmental quality strives to protect our state’s public health and natural resources consistent with sustainable economic development. Their goal is clean air, clean water, and the safe management of waste.
Uncontrolled burning.
Any and all burning of trash, garbage, refuse or any other debris, unless the burning is conducted pursuant to one of the exemptions provided herein.
(Ordinance 2016-08-05, sec. 3, adopted 8/2/16)
(a) 
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each continuing day’s violation under this article shall constitute a separate offense.
(b) 
In addition to and accumulative of all other penalties, the city shall have the right to seek injunctive relief to abate any and all violations of this article for repeat offenders.
(Ordinance 2016-08-05, sec. 6, adopted 8/2/16; Ordinance adopting 2018 Code)
(a) 
It is unlawful for any person or entity to burn, cause to be burned, or allow any uncontrolled or nuisance burning of trash, or other debris within the incorporated municipal boundaries (i.e., “city limits”), except as authorized herein.
(b) 
It is unlawful for any person or entity to violate TCEQ standards, county orders, other city postings, warnings or alerts.
(c) 
It shall be unlawful for any person to burn or cause to be burned or allow to be burned on any public street, alley or premises owned or occupied by such person any rubbish, trash, waste, leaves, grass, lumber or any other combustible materials within the city except as provided herein.
(Ordinance 2016-08-05, sec. 4, adopted 8/2/16; Ordinance 2017-08-02, sec. 1(1), adopted 8/1/17; Ordinance 2023-03-05 adopted 3/7/2023)
(a) 
It shall be unlawful for any person to burn or cause to be burned or allow to be burned on any public street, alley or premises owned or occupied by such person any rubbish, trash, waste, leaves, grass, lumber or any other combustible materials within the city except as provided herein. Outdoor burning shall be authorized for fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather.
(b) 
Burning in a state-approved, enclosed incinerator.
(c) 
Domestic waste burning at a property designed for and used exclusively as a private residence, housing not more than three families, when collection of domestic waste is not provided (for a fee) or authorized by the local governmental entity having jurisdiction, and when the waste is generated only from that property.
(d) 
During or following an emergency situation as determined by the fire official having jurisdiction. Executed at a time and place of the fire official’s discretion, so as to not endanger the public or cause undue harm.
(e) 
Fires built for and used for training of the local fire department are acceptable. Those shall be limited to days in which fire training is actually occurring on the scene and approved materials are being burned.
(f) 
Exception to prohibition on open burning: Owners of single tracts of land or lots of record of minimum size of ten (10) acres may burn natural vegetation harvested on site with prior notification to the fire chief. The approved burn area shall be pre-determined and must have a pre-approved water source on site.
(Ordinance 2016-08-05, sec. 5, adopted 8/2/16; Ordinance 2017-08-02, sec. 1(2), (3), adopted 8/1/17; Ordinance 2023-03-05 adopted 3/7/2023)
This article shall be enforced by an authorized official of the city, local fire official or peace officer, in accordance with the adopted fire code.
(Ordinance 2016-08-05, sec. 9, adopted 8/2/16)
(a) 
The authority to conduct outdoor burning under this article does not exempt or excuse the person responsible from the consequences, damages 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 governmental entities having jurisdiction even though the burning is otherwise conducted in compliance with this article. The city does not accept responsibility for the conduct of such outdoor burning activities even if in compliance with this article.
(b) 
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law.
(Ordinance 2016-08-05, sec. 10, adopted 8/2/16)