It shall be unlawful for any person to violate any provision of this article. Any person violating or failing to comply with any provisions hereof shall be fined, upon conviction, in an amount in accordance with the general penalty provided in section 1.01.009 of this code, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues to occur.
(Ordinance 281-00, sec. 8, adopted 4/17/01)
No person may cause, suffer, allow, or permit any outdoor burning within the city without a properly executed permit issued by the city fire department with the approval of the fire chief, his designated representative, or such other person as may be required by law.
(Ordinance 281-00, sec. 1, adopted 4/17/01)
(a) 
Outdoor burning, in the following instances, shall be allowed without a permit if prior approval by the fire chief, or his designated representative, has been given. However, the exemption is only related to the permit requirement. In no case does an exemption forego other requirements of this article. All exemptions are per the state commission on environmental quality (TCEQ) regulations.
(1) 
On-site burning of trees, brush, grass, and other dry plant growth for right-of-way maintenance by city, county, or state officials. Structures containing sensitive receptors shall not be negatively affected by the burn. For purposes hereof, “structures containing sensitive receptors” shall mean a man-made structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation; it 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.
(2) 
Crop residue; burning for agricultural management purposes when no practical alternative exists.
(3) 
Campfires.
(4) 
Fires for ceremonial purposes.
(5) 
Fires for commercial food preparation.
(b) 
Neither a permit nor approval is required for fires used for noncommercial food preparation (i.e., outdoor grilling).
(Ordinance 281-00, sec. 2, adopted 4/17/01)
Outdoor burning which is otherwise permissible shall be subject to the following requirements:
(1) 
Obtain a permit issued by the city fire department. (The city fire department will only approve issuance of a permit after the site has been inspected. All sites will be inspected.)
(2) 
All burn permits must be consistent with the Texas Clean Air Act.
(3) 
Burning shall be commenced only when the wind will carry smoke and other pollutants away from the city and any recreational, commercial, or industrial area, navigable water, public road, or landing strip which may be affected by the smoke. Burning shall not be conducted when a shift in wind direction is predicted which could produce adverse effects to persons, animals, or property during the burning period. 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 burning to post flagpersons on affected roads in accordance with the requirements of the state department of public safety.
(4) 
The burning must be conducted downwind of, and at least 300 feet (90 meters) from, any structures containing sensitive receptors, located on adjacent properties, unless prior written approval is obtained from the adjacent property owner(s). Such approval must be in the form of a notarized statement. If written approval is obtained, the burn must be at least 50 feet from adjacent structures.
(5) 
Burning will only be conducted from 8:00 a.m. to sundown on the day the permit is issued. A burn permit is only valid for the day of issuance. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished.
(6) 
The wind conditions shall comply with the following: The wind speed must not be less than six miles per hour, and must not exceed 20 miles per hour. If there are predicted gusty winds, burning will be prohibited.
(7) 
Burning shall not be conducted during periods of actual or predicted persistent (12 hours or more) low-level atmospheric temperature inversion (non-surface-based) or in areas covered by a current National Weather Service Air Stagnation Advisory (ozone alert).
(8) 
The following may not be burned: electrical insulation, treated lumber, plastics, non-wood construction and/or demolition materials, heavy oils, asphaltic materials, potentially explosive materials, explosive materials, chemical wastes, items containing natural or synthetic rubber, and any other miscellaneous hazardous material as defined by the TNRCC regulations, presently and as may be amended from time to time.
(9) 
At all times during which burning activity is conducted, an adult supervisor must be present on-site. This person must remain on-site until the fire is extinguished and the ashes are cooled and covered. This person must also be the person to whom the burn permit was issued.
(10) 
Adequate provisions must be provided to prevent the fire from spreading. Such provisions may include, but are not limited to, water breaks, water supply, and/or equipment available to extinguish the fire.
(11) 
The city fire department will determine the allowable size of the burn pile, with the decision being based on safety, health, and welfare of citizens and property.
(12) 
Regardless of any provision of this article, the city fire department may, at its sole discretion, for the safety, health, and welfare of citizens or property, cancel a permit or extinguish a fire, at any time, with or without notice to property owner and/or permit holder.
(Ordinance 281-00, sec. 3, adopted 4/17/01)
(a) 
Notice to city fire department.
(1) 
All persons, firms, or corporations must contact the city fire department to receive authorization to burn.
(2) 
The fire chief or his assigned designee will authorize a person to burn. The city fire department can be contacted at (940) 365-9785.
(b) 
Burn permit required.
It shall be unlawful for any person, firm or corporation to conduct or allow outdoor burning without a burn permit as provided in this article. Before any outdoor burning is conducted, all persons, corporations, or any other business entity shall complete a burn permit application with the city fire department.
(c) 
Issuance of burn permit.
Upon receiving an application for the permit, the fire chief or his assigned designee shall investigate the request in order to determine that the terms of this article will be met, that no possible hazards are present, and that the burn will be performed at a favorable time, taking into account the condition of the weather, environment, and wind during each day that the burn will be conducted. If the application is approved, a burn permit and a copy of the applicable regulations will be issued.
(d) 
Nuisances.
It shall be unlawful for any person, firm, or corporation to conduct or allow any outdoor burning in such a manner as to constitute a nuisance. It is hereby declared to be a nuisance for a person to allow a fire from an outdoor burning to spread to any public street, alley, place or premises owned or occupied by another, or to permit or allow the smoke or fumes from such burning to spread onto or across the property of another.
(e) 
Materials burned.
It shall be unlawful for any person, firm or corporation to burn or allow to be burned any product, material or substance that is not allowed by this article or state or federal law.
(f) 
Enforcement.
The fire chief or his assigned designee, or the police chief or his designee, of the city, shall have the right to enforce the terms of this article and to issue a citation for any violation hereof.
(g) 
Emergencies.
Should an emergency arise, the fire chief, or his designee, may suspend all provisions of this article.
(Ordinance 281-00, sec. 4, adopted 4/17/01)
A burn ban is when the county commissioner’s court, county fire marshal, or fire chief or city council activates a ban against any type of burning, during any length of time that they deem necessary. The burn ban will pertain to any type of burning, such as controlled burns, bonfires, campfires, trash or rubbish burning, discarding of light materials or objects, and the use of fireworks of any type. When a burn ban has been activated by the county, the city must abide by the ban and cannot supersede the county’s ruling.
(Ordinance 281-00, sec. 5, adopted 4/17/01)
Notwithstanding any other provisions of this article, any burn shall be conducted in accordance with the Texas Clean Air Act, chapter 382, Texas Health and Safety Code, as it presently reads and as it may be amended from time to time.
(Ordinance 281-00, sec. 6, adopted 4/17/01)