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 clean-up activities, nor does it include burning following clearing for ecological restoration.
Practical Alternative.
An economically, technologically, ecologically, and logistically viable option.
Refuse.
Garbage, rubbish, paper, and other decayable and nondecayable waste, including vegetable matter and animal and fish carcasses.
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 that 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.
Sunrise/Sunset.
Official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service offices.
(Ordinance 1171 adopted 7/3/07)
It shall be unlawful for any person to burn any refuse, leaves, branches or any other material at any place within the corporate limits of the city unless the definition of land clearing operation, as found in Section 5.601 of this article, is met and no practical alternative to burning exists. Outdoor burning may also be allowed when deemed absolutely necessary by the city fire chief. Any allowed outdoor burning must be consistent with the Texas Clean Air Act, Subchapter E, Authority of Local Governments, which is hereby incorporated by reference, and must met all the general requirements for allowable outdoor burning within the corporate limits as provided under Section 5.603 of this article.
(Ordinance 1171 adopted 7/3/07)
Outdoor burning which is otherwise authorized shall also be subject to the following requirements when specified in any section of this article.
(1) 
Minimum lot size for outdoor burning authorized under Section 5.602 of this article shall be not less than ten (10) acres.
(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 receptor(s).
(3) 
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 flag-persons on affected roads.
(4) 
Burning must be conducted 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.
(5) 
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 burn 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.
(C) 
Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.
(6) 
Burn permit required:
Prior to any burning, the property owner shall complete an application and pay to the city the required application fee of $250.00 for an outdoor burn permit. The outdoor burn permit shall be effective for a period of forty-eight (48) hours upon approval, signed by the fire chief or his/her designee. The outdoor burn permit application must identify the specific location of the proposed burn site, and a responsible party who can be contacted during the burn period. If the burning shall proceed past the 48 hour window then an additional burn permit shall be required for each additional 48 hours needed.
(7) 
Penalty:
Failure to obtain an outdoor burn permit shall be deemed a class C misdemeanor punishable by a fine in accordance with the general penalty provision in Section 1.109 of this code.
(8) 
Prior to any burning, the permit holder must request and receive a pre-inspection of the proposed burn site. Inspections revealing items which are not eligible to be burned under this article will result in the permit holder being required to remove any and all ineligible items and, upon doing so, requesting a reinspection of the site. A reinspection fee of $100 will be assessed to the party requesting authorization to burn, which must be paid in full prior to the reinspection being conducted. Each subsequent reinspection will be assessed a fifty dollar ($50.00) reinspection fee. The fire chief or his or her designee shall reserve the right to order any approved outdoor burning to be extinguished at any given time.
(9) 
A post-inspection of the burn site shall be conducted by the fire chief and/or his or her designee at no charge to the responsible party. Any violations of this article discovered as a result of the post-inspection of the site shall be deemed a class C misdemeanor punishable by a fine in accordance with the general penalty provision in Section 1.109 of this code.
(10) 
Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned.
(Ordinance 1171 adopted 7/3/07; Ordinance 1497 adopted 3/4/2024)
(a) 
Recreational fire is the burning of materials other than rubbish for pleasure, religious, ceremonial, cooking, or similar purposes in which the fuel being burned is not contained in an incinerator, a barbeque grill, or a barbecue pit and the total fuel area is not exceeding 3 feet in diameter and 2 feet in height.
(b) 
Outdoor fire pit is a structure or appliance that is designed and approved for the burning of combustible material that does not have a flue, chimney or duct and the combustion gases are emitted directly into the atmosphere. A fire pit shall consist of a fire ring constructed of a noncombustible bowl, rocks, bricks or any similar material. The pit shall be 2 feet high and no more than 3 feet in diameter. The pit must have a spark arrestor mesh screen to contain sparks. Screens shall be of expanded metal (or equivalent noncombustible material) in use at all times while burning. Approved containers must be set upon or built into the bare ground or a noncombustible material such as brick, stone or concrete. No below ground fire pits are allowed.
(c) 
Outdoor fireplace is a device or structure designed and constructed in accordance with recognized standards for the burning of natural combustible materials and releases the combustion gases through a flue, chimney, or duct. Example includes patio fireplaces equipped with a metal screen enclosure, chimineas, etc.
(d) 
Chimneys and portable outdoor fireplaces must be commercially manufactured for that specific purpose. Outdoor fireplaces and fire pits may be commercially manufactured or site built.
(e) 
Rubbish is waste material including, but not limited to:
(1) 
Commercial or domestic waste, trash or garbage.
(2) 
Leaves, pine needles or grass clippings.
(3) 
Lumber (treated or untreated), construction debris.
(4) 
Yard debris, unless it meets the definition of firewood or kindling.
(5) 
Flammable or combustible liquids.
(6) 
Electrical insulation, plastics, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned.
The above-listed items are not acceptable fuels and shall not be burned.
(Ordinance 1390 adopted 6/5/17)
(a) 
Fires Used for Recreation, Ceremony, Cooking, and Warmth.
Outdoor burning shall be authorized for fires used solely for ceremonial purposes, or in the noncommercial preparation of food (off-ground barbecue grills, smokers, etc.) or used exclusively for the purpose of supplying warmth during cold weather provided it is in an enclosed container. Such burning shall be subject to the requirements of Section 5.603(9) of this article (relating to general requirements for allowable outdoor burning within the corporate limits).
(1) 
Recreational fires shall be in an appliance designed for such purposes, i.e. outdoor fire pit or outdoor fireplace.
(2) 
Recreational fires contained in an outdoor fire pit shall not be conducted within 25 feet of a combustible structure.
(3) 
Recreational fires contained in an outdoor fireplace shall not be conducted within 15 feet of a combustible structure.
(4) 
Fire pits shall be clear of combustible vegetation for no less than ten feet in all directions. Grass less than 4 inches is permitted as long as it is green or wet.
(5) 
The burning of rubbish other than natural wood logs cut for such purposes is prohibited.
(6) 
A fire will NOT be allowed if the winds would create a dangerous situation.
(7) 
Fire-extinguishing equipment shall be readily available at all recreational fires and can consist of water hose, shovel, or fire extinguisher.
(8) 
Recreational fires shall be constantly attended by a competent adult person.
(9) 
Recreational fires will not be allowed during any time period covered by a “burn ban” issued by Grayson County Commissioners Court for Grayson County.
(b) 
The fire chief, police office or any of the fire chief’s designees, are authorized to require that recreational fires be immediately discontinued if such fires are determined to constitute a hazardous condition, are emitting obnoxious odors, or are producing visible smoke that may constitute a nuisance or health hazard.
(Ordinance 1390 adopted 6/5/17)
Charcoal burners and other open flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible structures in apartments or multifamily dwellings.
(Ordinance 1390 adopted 6/5/17)
Outdoor burning shall be authorized on a city-owned site for disposal of brush, trees and other plant growth causing a detrimental public health and safety condition provided site and burn approval is obtained from the state commission on environmental quality executive director. Such a burn can only be authorized when there is no practical alternative, and it may be done no more frequently than once every two months. Such burning shall be subject to the requirements of Section 5.603 of this article (relating to general requirements for allowable outdoor burning within the corporate limits) with the exception of Section 5.603(1) concerning minimum lot size and Section 5.603(7) concerning pre-inspection fees.
(Ordinance 1390 adopted 6/5/17)
The authority to conduct outdoor burning under this regulation 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 regulation. In the event a fire gets out of control and the city fire department is dispatched to extinguish the fire, the city shall charge the responsible party a fee of $150.00 per hour until the fire is extinguished.
(Ordinance 1171 adopted 7/3/07)