(a)
It
shall be unlawful for any person to burn any combustible material
outside of an enclosure within the city limits.
(b)
It
shall be unlawful for any person to order another person to burn any
combustible material outside of an enclosure within the city limits.
(c)
It
shall be unlawful for any person to engage in activities that create
sparks or flames resulting in the burning of combustible material
outside of an enclosure within the city limits.
(Ordinance 1004 adopted 7/18/07; 2004 Code, sec. 5.315(a))
Section 5.06.001 shall not apply to the following:
(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 state commission
on environmental quality (TCEQ) or other state laws or regulations;
(3)
Firefighting
training activities properly supervised by a firefighting authority,
department or political subdivision; or
(4)
Prescribed
burns properly conducted and supervised by a prescribed burn manager
certified under section 153.048 of the Texas Natural Resources Code,
and that meet the standards established in section 153.047 of the
Texas Natural Resources Code.
(Ordinance 1004 adopted 7/18/07; 2004 Code, sec. 5.315)
