(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)
Fires allowed by this article, that do not cause undue harm
to property or the public.
Waste generated on-site by a private residence, housing not
more than three families.
Any burn that creates dangerous conditions which are detrimental
to the life, health and property of the citizens of the city.
A person, business or other entity committing the same or
similar offense governed by this article more than 3 times within
1 calendar year.
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.
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)
