(a) Purpose.
This article is adopted so that the village
council may promote the public health, safety, and general welfare
within the village through the regulation of fires in order to prevent
bodily injury, death, and property damage within the village limits.
(b) Jurisdiction.
This article shall apply within and throughout
the incorporated municipal boundary (i.e., village limits) of the
village.
(Ordinance 2003-O-16, sec. 1, adopted 12/16/03; Ordinance 2005-O-45, sec. 1, adopted 7/1/05; Ordinance 2005-O-58, sec. 1, adopted 11/15/15; Ordinance 2006-O-60, sec. 1,
adopted 1/17/06; Ordinance
2006-O-61, sec. 1, adopted 2/21/06; Ordinance 2006-O-62, sec. 1, adopted 3/21/06; Ordinance 2008-O-95, sec. 1, adopted 7/15/08)
(a) General definitions and rules of construction.
Words
and phrases used in this article shall have the meanings set forth
in this section. Words and phrases which are not defined in this article
but are defined in other ordinances of the village shall be given
the meanings set forth in those ordinances. Other words and phrases
shall be given their common, ordinary meaning unless the context clearly
requires otherwise. Headings and captions are for reference purposes
only and shall not be used in the interpretation of this article.
(b) Specific definitions.
Enclosure
means a structure that contains all flames and sparks and
is designed to prevent the fire from spreading.
Person
means any human individual or corporation, organization,
government or governmental subdivision or agency, business trust,
estate, trust, partnership, association, and any other legal entity.
Village
means the incorporated municipality of the Village of Volente,
located in Travis County, Texas, its agents and assigns.
Village limits
means the municipal boundaries of the Village of Volente.
(Ordinance 2003-O-16, sec. 2, adopted 12/16/03; Ordinance 2005-O-45, sec. 2, adopted 7/1/05; Ordinance 2005-O-58, sec. 2, adopted 11/15/15; Ordinance 2006-O-60, sec. 2,
adopted 1/17/06; Ordinance
2006-O-61, sec. 2, adopted 2/21/06; Ordinance 2006-O-62, sec. 2, adopted 3/21/06; Ordinance 2008-O-95, sec. 2, adopted 7/15/08)
(a) Enforcement.
The village council and VVFD, ESD No. 14
or its successor shall have concurrent authority to administer and
enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this article is hereby declared to be
a nuisance.
(b) Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section
1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c) Civil remedies.
Nothing in this article shall be construed
as a waiver of the village’s right to bring a civil action to
enforce the provisions of this article and to seek remedies as allowed
by law, including but not limited to the following:
(1) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2) A civil penalty up to $2,000.00 a day when it is shown that the defendant
was actually notified of the provisions of this article and after
receiving notice committed acts in violation of this article or failed
to take action necessary for compliance with this article; and
(Ordinance 2003-O-16, sec. 5, adopted 12/16/03; Ordinance 2005-O-45, sec. 5, adopted 7/1/05; Ordinance 2005-O-58, sec. 5, adopted 11/15/15; Ordinance 2006-O-60, sec. 5,
adopted 1/17/06; Ordinance
2006-O-61, sec. 5, adopted 2/21/06; Ordinance 2006-O-62, sec. 5, adopted 3/21/06; Ordinance 2008-O-95, sec. 5, adopted 7/15/08; Ordinance
adopting Code)
(a) It
shall be unlawful for any person to burn any combustible material
outside of an enclosure within the village limits.
(b) It
shall be unlawful for any person to discharge fireworks or engage
in activities that create sparks or flames resulting in the burning
of combustible material outside of an enclosure within the village
limits.
(Ordinance 2003-O-16, sec. 3, adopted 12/16/03; Ordinance 2005-O-45, sec. 3, adopted 7/1/05; Ordinance 2005-O-58, sec. 3, adopted 11/15/15; Ordinance 2006-O-60, sec. 3,
adopted 1/17/06; Ordinance
2006-O-61, sec. 3, adopted 2/21/06; Ordinance 2006-O-62, sec. 3, adopted 3/21/06; Ordinance 2008-O-95, sec. 3, adopted 7/15/08)
(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 officer’s official duties;
(2) Activities
specifically permitted or expressly authorized by the state 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 of the Texas Natural Resources Code
and that meet the standards established in section 153.047 of the
Natural Resources Code;
(5) The
use of blank cartridges for a theatrical production, military ceremony,
or sporting event that is either sponsored by an educational institution
or issued a permit by the village;
(6) Emergency
flares or other identification markers used in emergency situations;
or
(7) Burns
expressly permitted by the Volente volunteer fire department (VVFD),
ESD No. 14 or its successor following approval of a fire protection
open burning permit application, as promulgated by the VVFD, ESD No.
4 or its successor, provided that all such burns and related activities
are conducted in compliance with all permit conditions and all other
guidelines and regulations specified by the VVFD or its successor.
(Ordinance 2003-O-16, sec. 4, adopted 12/16/03; Ordinance 2005-O-45, sec. 4, adopted 7/1/05; Ordinance 2005-O-58, sec. 4, adopted 11/15/15; Ordinance 2006-O-60, sec. 4,
adopted 1/17/06; Ordinance
2006-O-61, sec. 4, adopted 2/21/06; Ordinance 2006-O-62, sec. 4, adopted 3/21/06; Ordinance 2008-O-95, sec. 4, adopted 7/15/08)