The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Open fire
means any outdoor fire in which the smoke does not pass through a stack or chimney from an enclosed chamber.
(Ordinance 593, sec. III(B), adopted 6/12/12)
No person shall burn brush, grass, leaves, trees, vegetation, or other inflammable material whatsoever out of doors within the corporate limits of the city for any purpose other than as specified in 18-74 without first obtaining a permit in writing for such fire from the fire chief.
(Ordinance 593, sec. III(intro.), adopted 6/12/12)
Any person found to be violating this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 1-10 of this Code.
(Ordinance 593, sec. V(B), adopted 6/12/12; Ordinance 619, sec. II(G), adopted 9/10/13)
A permit shall be issued only under the following conditions:
(1) 
The fire chief or the fire chief’s designee may issue a burn permit for residential use only for burning of brush, cut tree parts, branches, cut grass or weeds, leaves and untreated lumber. Under no circumstances may the permittee burn any other items. A permit obtained under this article also does not permit the permittee to subvert the purposes of this article by transporting material from other property to the permitted property primarily for the purpose of burning without the written approval of the fire chief or his designee. Consolidation of permitted burnable material from one property with the permitted burnable material from another property, both properties being in the city limits, may be allowed with the permission of the owner of the property on which the fire is permitted and with the written approval of the fire chief or his designee.
(2) 
Open fires shall be allowed only between the hours of one hour after sunrise and one hour before sunset.
(3) 
Open fires shall be permitted only on private residential property, with the consent of the owner or the person in charge of the property, and attended by a person of at least 18 years of age for the duration of the burn. This person shall have a pressurized water hose at the burn site for fire control. Also means of notifying the fire department shall be made available.
(4) 
No person shall cause an open fire unless the surrounding ground shall be cleared of any combustible materials within a 20-foot radius of the location of the fire.
(5) 
No person shall cause an open fire on public property except in such places and sites duly posted to permit open fires.
(6) 
Prior to issuance of the permit, the fire department must conduct an on-site inspection of the proposed burn area. The applicant must schedule the inspection at least 24 hours prior to the time burning is requested.
(7) 
Permits shall be issued only between the hours of 9:00 a.m. and 4:00 p.m.
(8) 
The burn area must be no closer than 50 feet from any structure.
(9) 
Burning shall not be commenced when surface wind speed is predicted to be less than six miles per hour or more than 12 miles per hour during the burn period.
(10) 
Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.
(11) 
Burning shall be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water, or off-site structure.
(12) 
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 permittee to post flagpersons on affected roads.
(13) 
In all cases, the permittee must agree to assume all liability and responsibility for the proposed burn.
(Ordinance 593, sec. III(A), (C)–(E), (G)–(O), adopted 6/12/12)
No person shall cause an open fire (except for cooking fires, warming fires, or ceremonial fires contained in a fireproof container or pit that safely contains the fire unless prohibited by a burn ban) without prior approval of the city fire chief and proper issuance of an outdoor burn permit by the fire chief or a duly designated representative for that purpose.
(Ordinance 593, sec. III(F), adopted 6/12/12; Ordinance 802 adopted 10/27/20)
In the event that a three-member panel consisting of the city's fire chief, mayor, and city manager determines that atmospheric conditions or other conditions within the city constitute a fire hazard, then, upon such finding, the fire chief will issue a burn ban and advise the city council that all open fires should be prohibited for a period of time until weather and natural conditions return to favorable conditions as determined by the Texas Forest Service burn ban schedule. The fire chief shall post signage and issue a media release to inform the public of the existence of the burn ban. No burn permits will be issued during a burn ban. Burn permits that were issued pursuant to section 18-71 of this code may be rescinded at the discretion of the fire chief if a burn ban is subsequently issued or if atmospheric conditions or other conditions constituting a fire hazard warrant. The fire chief will rescind the burn ban when the three-member panel determines that conditions within the city no longer constitute a fire hazard.
(Ordinance 593, sec. IV, adopted 6/12/12; Ordinance 802 adopted 10/27/20; Ordinance 830 adopted 6/28/2022; Ordinance 850 adopted 12/12/2023)
(a) 
Any person found to be violating this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 1-10 of this Code.
(b) 
Civil remedies.
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, including, but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(2) 
A civil penalty up to $100.00 a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
(3) 
Other available relief.
(Ordinance 593, sec. V(A), (C), adopted 6/12/12; Ordinance 619, sec. II(H), adopted 9/10/13)