(a) 
Popular name.
This article shall be commonly cited as the “burn ban ordinance.”
(b) 
Purpose.
This article provides restrictions during specific drought-related conditions on the lawful burning outdoors in order to protect public health, safety and welfare; to preserve public and private property; and maintain the ecology and delicate wildlife.
(c) 
Scope.
This article applies to all property within the city limits.
(Ordinance 222 adopted 9/7/11)
(a) 
Rules of interpretation.
Words and phrases used in this article shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in this code, shall be given the meanings set forth in this code. Words and phrases not defined in this article shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) 
Specific terminology.
City burn ban.
A prohibition on outdoor burning and/or fireworks effectuated by the city council, by and through this article.
City council.
The governing body (i.e., board of aldermen) of the city.
Combustible material.
Any substance that is capable of catching fire.
County burn ban.
A prohibition on outdoor burning and/or fireworks effectuated by the county. For purposes of this article, the term includes a local disaster declaration or resolution promulgated by the county judge or effectuated by the county commissioners court, including (but not limited to) in the form of an order or proclamation.
Fire marshal.
The person designated or appointed by the city council to serve in the capacity of fire marshal for the city. For purposes of this article, the fire marshal may be employed or otherwise engaged by another entity or political subdivision.
Hot works.
Riveting, welding, flame cutting or other fire or spark-producing operation.
Hot works box.
Enclosure for hot works activities.
Internal combustion engine.
A heat engine in which intermittent or continuous burning of a fuel takes place inside a combustion chamber; the resulting pressurized gas acts directly on the engine to do useful work, such as a piston engine (car engine), gas turbine, jet engine or rocket.
National Fire Code.
A code formulated by the National Fire Protection Association.
Welding.
A process for joining similar metals by melting and fusing the base metals being joined, and the filler metal applied. Welding employs pinpointed, localized heat input. Most welding involves ferrous-based metals such as steel and stainless steel. Welding covers a temperature range of 1,500º F to 3,000º F (800º C to 1,635º C).
Welding box.
See hot works box.
(Ordinance 222 adopted 9/7/11)
(a) 
A city burn ban shall be in effect within the city limits immediately upon the declaration of a county burn ban. The city burn ban is to run concurrently with the county burn ban.
(b) 
In the event that the county has not issued a burn ban, the city council may declare a city burn ban for a specified period of time when one or more of the following factors exist:
(1) 
The city has not had any appreciable rainfall for 90 days;
(2) 
The Texas Forest Service determines that drought conditions exist;
(3) 
Drought conditions exist according to the Keetch-Byram Drought index; or
(4) 
The weather forecast indicates high winds are imminent.
(c) 
The city burn ban expires if the county burn ban has expired, or if no county burn ban is in effect, a determination is made by the city council that the circumstance for which the city burn ban was issued no longer exists.
(Ordinance 222 adopted 9/7/11)
During a city burn ban, it is unlawful for any person to:
(1) 
Burn any combustible material, including tobacco products, regardless of whether the burning occurs in an enclosure.
(2) 
Order another person to burn any combustible material.
(3) 
Engage in activities that create sparks or flames resulting in the burning of combustible material.
(4) 
Park or drive any internal combustion engine on any type of combustible material.
(5) 
Openly smoke within the public right-of-way, or other public property, or on a construction site.
(6) 
Perform outdoor construction or maintenance activities except as authorized in section 8.03.005(b)(2).
(Ordinance 222 adopted 9/7/11; Ordinance 2023-007 adopted 8/23/2023)
(a) 
The prohibitions established by this section and section 8.03.004 shall not apply to:
(1) 
Licensed peace officers, as that term is defined by Texas Code of Criminal Procedure, article 2.12(3), provided that such outdoor fires are made in the course and scope of the peace officers' official duties.
(2) 
Activities specifically permitted or expressly authorized by the Texas Commission on Environmental Quality (TCEQ).
(3) 
Firefighting training activities properly supervised by a firefighting authority, department or political subdivision.
(4) 
Prescribed burns properly conducted and supervised by a prescribed burn manager certified under section 153.048, and that meet the standards established in Texas Natural Resources Code, section 153.047.
(5) 
Grilling only if performed by a gas-fueled grill using either propane or natural gas.
(6) 
Indoor smoking of tobacco products unless otherwise prohibited under this code.
(b) 
The prohibitions established by section 8.03.004 shall not apply to:
(1) 
Activities that involve the performance of outdoor combustible operations, including but not limited to, outdoor welding, cutting or grinding operations and outdoor hot works operations, by any person if the city has issued a permit for the activity, and so long as the operations are performed in compliance with the following requirements creating a controlled environment and safeguards on each day when operations are performed:
(A) 
Areas where welding, cutting or grinding operations or hot works operations are being performed are free of vegetation for at least 25 feet in all directions;
(B) 
Surfaces around welding or hot works area are wetted down;
(C) 
Each location where welding, cutting or grinding operations or hot works operations are being performed must have cellular telephone communications for emergency response;
(D) 
Before beginning any operations, the person performing the welding, cutting or grinding operations or hot works operations must notify the local fire department or emergency services district which serves the location where the welding, cutting or grinding operations or hot works operations are planned;
(E) 
A dedicated fire watch person attends each welder, cutter, grinder, or worker performing hot works operations or any activity that causes a spark;
(F) 
At least one water pressure fire extinguisher per fire watch person is located within 10 feet of the location where the welding, cutting or grinding operations or hot works operations are being performed;
(G) 
No welding, cutting and grinding operations or hot works operations is allowed on days designated as red flag warning days by the National Weather Service;
(H) 
Are performed only in a total welding or hot works enclosure, or welding box or hot works box, that is sufficiently high to control sparks, including a fire retardant cover over the top, the operations must comply with the requirements in subsections (E), (F), and (G) above and is encouraged to comply with the requirements in subsections (A)–(D) above, if feasible and appropriate.
(2) 
Activities that involve the performance of outdoor construction or maintenance operations, by any person, and so long as the operations are performed in compliance with the following requirements creating a controlled environment and safeguards on each day when operations are performed:
(A) 
All outdoor construction activities shall be equipped with a working fire extinguisher located within the construction site and easily accessible.
(B) 
All outdoor maintenance activities that utilize combustible fuel shall be equipped with a working fire extinguisher located within the maintenance site and easily accessible.
(c) 
Other exceptions may be made by the fire marshal on a case-by-case basis when, upon receipt of a written request for a waiver, the fire marshal determines in writing (in the fire marshal's sole discretion) that the proposed activity will not pose a threat to the public health, safety or welfare in light of the precautions proposed by the applicant and the fire marshal's opinion following review of the National Fire Code (as applicable, and as may be amended).
(Ordinance 222 adopted 9/7/11; Ordinance 2023-007 adopted 8/23/2023)
(a) 
Generally: The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any violation of this article is hereby declared to be a public nuisance.
(b) 
Penalty for violation: An offense under this article shall be punished as provided in section 1.01.013 of this code.
(c) 
If the violation occurs on or within a construction site, the construction site violation can be enforced, in addition to any other remedy, with a stop-work order, which stop-work order will be in place until the burn ban expires.
(d) 
The exceptions set out in section 8.03.005, automatically become terms and conditions of a construction or building permit, upon the declaration of a burn ban. In addition to the issuance of a stop-work order, the building or construction permit shall be subject to termination if a violation of this article occurs.
(e) 
Enforcement and remedies described herein are in addition to any other remedy provided herein, or state by law, or any other ordinance of this city and is cumulative thereof.
(Ordinance 222 adopted 9/7/11; Ordinance 2023-007 adopted 8/23/2023)