No person may cause, suffer, allow, or permit any outdoor burning within the city, except as provided by this article or by orders or permits of the state commission on environmental quality. Outdoor disposal or deposition of any material capable of igniting spontaneously, with the exception of the storage of solid fossil fuels, shall not be allowed without written permission of the fire marshal. The term “fire marshal” shall mean a regularly salaried, full-time employee of the city, designated as the individual tasked with the enforcement of this article or his designee.
(Ordinance 680 adopted 3/5/13)
Terms used in this article shall be defined as follows:
Extinguished.
The absence of any visible flames, glowing coals, or smoke.
Land-clearing operation.
The uprooting, cutting or clearing of vegetation in connection with conversion for the construction of buildings, rights-of-way, residential, commercial, or industrial development, or the clearing of vegetation to enhance property value, access or production. It does not include the maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property cleanup activities, nor does it include burning following clearing for ecological restoration.
Practical alternative.
An economically, technologically, ecologically and logistically viable option.
Prescribed burn.
The controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and confined to a predetermined area, following appropriate planning an precautionary measures.
Structure containing sensitive receptor(s).
A manmade structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term “manmade structure” does not include such things as range fences, roads, bridges, hunting blinds or facilities used solely for the storage of hay or other livestock feeds. The term “sensitive live vegetation” is defined as vegetation which has potential to be damaged by smoke and heat, examples of which include, but are not limited to, nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.
Wildland.
Uncultivated land other than fallow, land minimally influenced by human activity, and land maintained for biodiversity, wildlife forage production, protective plant cover, or wildlife habitat.
(Ordinance 680 adopted 3/5/13)
(a) 
Outdoor burning shall be authorized for training firefighting when done in accordance with Texas Administrative Code title 30, part 1, chapter 111, subchapter B, section 111.205.
(b) 
Authorization to conduct outdoor burning under this provision may be revoked by the fire marshal if the authorization is used to circumvent other prohibitions of this article.
(Ordinance 680 adopted 3/5/13)
Outdoor burning shall be authorized for fires used solely for recreational or ceremonial purposes, in the preparation of food, or used exclusively for the purpose of supplying warmth during cold weather. Such burning shall be subject to the requirements of this article relating to general requirements for allowable outdoor burning.
(Ordinance 680 adopted 3/5/13)
Outdoor burning shall be authorized for the following:
(1) 
On-site burning of trees, brush, and other plant growth for right-of-way maintenance, land-clearing operations and maintenance, untreated lumber, grass, leaves, and branch trimmings, when no practical alternative to burning exists and when the materials are generated only from that property. Examples of wastes which cannot be burned include, but are not limited to, such things as tires, nonwood construction debris, furniture, carpet, electrical wire, plastics, rubber and appliances. Structures containing sensitive receptors must not be negatively affected by the burn. Such burning shall be subject to the requirements of section 5.07.008 of this article relating to general requirements for allowable outdoor burning. Notifications of intent to burn should be made to the fire marshal prior to the proposed burn. For a single project entailing multiple days of burning, an initial notice delineating the scope of the burn is sufficient if the scope does not constitute circumvention of the rule for a continual burn situation and if conditions do not change which would cause the burn to be prohibited.
(2) 
Diseased animal carcass burning when burning is the most effective means of controlling the spread of disease.
(3) 
Veterinarians in accordance with V.T.C.A., Occupations Code section 801.361, disposal of animal remains.
(4) 
Crop residue burning for agricultural management purposes when no practical alternative exists. Such burning shall be subject to the requirements of section 5.07.008 of this article, and the burn must not negatively affect structures containing sensitive receptors. Notification of intent to burn should be made to the fire marshal prior to the proposed burn.
(Ordinance 680 adopted 3/5/13)
Prescribed burning for forest, range and wildland/wildlife management purposes shall be subject to the requirements of section 5.07.008 of this article, relating to general requirements for allowable outdoor burning, and structures containing sensitive receptors must not be negatively affected by the burn.
(Ordinance 680 adopted 3/5/13)
Outdoor burning shall be authorized for hydrocarbon burning from pipeline breaks and oil spills only upon proper notification as set forth in Texas Administrative Code, title 30, part 1, chapter 101, subchapter F.
(Ordinance 680 adopted 3/5/13)
All allowable outdoor burning shall be subject to following requirements unless specifically stated otherwise.
(1) 
All burning shall comply with Texas Administrative Code, title 30, chapter 111, subchapter B.
(2) 
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 containing sensitive receptors.
(3) 
Burning shall only be allowed on tracts of land 2 acres or larger.
(4) 
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 burn to post flagpersons on affected roads.
(5) 
Burning must be conducted no closer than 50 feet to structure or combustible materials and downwind of or at least 300 feet (90 meters) from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the adjacent occupant with possessory control.
(6) 
Burning shall be conducted in compliance with the following meteorological and timing considerations:
(A) 
The initiation of burning shall commence no earlier than one hour after sunrise. Burning shall be completed on the same day not later than one hour before sunset and shall be attended by a responsible party at all times during the active burn phase when the fire is progressing. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the bum area be allowed to increase after this time.
(B) 
Burning shall not be commenced when surface wind speed is predicted to be less than six miles per hour (mph) (five knots) or greater than 23 mph (20 knots) during the burn period. Nor shall burning be commenced if there is a drought index of more than 575 average. If burning has already commenced when one of the above conditions occurs, burning shall cease and the fire shall be extinguished as soon as practical.
(7) 
Electrical insulation, treated lumber, plastics, nonwood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned.
(Ordinance 680 adopted 3/5/13)
The authority to conduct outdoor burning under this article does not exempt or excuse any 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.
(Ordinance 680 adopted 3/5/13)
These regulations and restrictions shall be controlling in the areas governed. Any person, firm or corporation violating any provision of this article is guilty of a separate offense for each day during which the violation is committed, continued, or permitted, and is punishable by a fine not to exceed two thousand dollars ($2,000.00) per offense.
(Ordinance 680 adopted 3/5/13)