The following words, terms, and phrase, when used in this article, shall have the meanings ascribed to them in the section, except where the context clearly indicates a different meaning:
Air curtain incineration.
The process of forcefully projecting a curtain of air across an open chamber or put in which combustion occurs.
Bonfire.
An outdoor fire utilized for ceremonial purposes.
Open burning.
The burning of materials wherein combustion products are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
Outdoor burning.
The combustion of the material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions for the combustion.
Recreational fire.
Burning material where the fuel being is not contained in an incinerator, outdoor fireplace, barbeque grill, or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purpose.
Sensitive receptor.
A manmade structure utilized for human residence or business, the containment of livestock, or the housing or 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 the potential to be damaged by smoke and heat, examples of which include, but are not limited to, nursery production, mushroom cultivation, pharmaceutical plan production, or laboratory experiments involving plants.
(Ordinance adopted 11/17/20)
Except as otherwise permitted, it shall unlawful for any person to burn leaves, weeds, grass, tree limbs, lumber, or similar combustible materials. Electrical insulation, treated lumber, plastic, nonwood construction products or materials, heavy oils, asphaltic products, potentially explosive materials, chemical, medical wastes, and items containing natural or synthetic rubber, rubbish, trash, and household waste shall not be burned outdoors.
(Ordinance adopted 11/17/20)
(a) 
Outdoor burning may be allowed under the following circumstances:
(1) 
Training of firefighting personnel, when conducted in accordance with the Texas Air Control Board regulations;
(2) 
Campfires or fires used solely for recreational purposes, food preparation, or to supply heat for humans, plants, or animals in cold weather, when such burning complies with Texas Commission on Environmental Quality regulations and other city ordinance;
(3) 
Air curtain incineration which meets applicable state regulations; and
(4) 
Burning conducted pursuant to a city-issued permit.
(b) 
Provided, however, outdoor burning that is offensive or objectionable to a person of ordinary sensibilities because of the amount or type of smoke or odor emissions and outdoor burning when, in the opinion of the fire marshal, atmospheric or drought conditions make such fires hazardous, shall be prohibited. Further, outdoor burning creates a health hazard to a person having asthma, emphysema, or lung or breathing disability.
(Ordinance adopted 11/17/20)
(a) 
The fire marshal or his designee may issue an outdoor burning permit for the burning of leaves, weeds, grass, tree limbs, lumber, or other similar combustible material to the owner of real property where such material is located, or person in control thereof, following approval of an application to burn outdoors for any of the following reasons:
(1) 
Silvicultural, range, or wildlife management practices, as recognized by a federal or state agricultural, parks, or wildlife organization or agency;
(2) 
Prevention or control of disease or pests;
(3) 
A bonfire; or
(4) 
Disposal of material.
(b) 
Burning permits will not be issued when the fire chief, city manager, or city secretary or their designee determines that wind or atmospheric conditions are, or are predicted to be, inconsistent with good outdoor burning practices.
(Ordinance adopted 11/17/20)
A person who conducts or participates in outdoor or open burning shall comply with the following requirements and practices:
(1) 
Outdoor or open burning may be commenced or conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants from the burning will not adversely affect the use of any public or private street or road, landing strips, navigable water, or an off-site structure containing sensitive receptors.
(2) 
In predominantly residential areas, outdoor or open burning, other than bonfires or recreational fires, may not be commenced earlier than one hour after sunrise. It must be completed on the same day not later than one hour before sunset.
(3) 
Outdoor or open burning shall not be commenced or conducted when surface wind speed is less than less than six miles per hour (five knots) or greater than twenty-three miles per hour (twenty knots) during the burn period.
(4) 
Outdoor or open burning shall not be commenced or conducted during periods of drought or persistent low-level atmospheric temperature inversions, as determined by the fire chief.
(Ordinance adopted 11/17/20)
(a) 
Other than bonfires or recreational fires, outdoor burning shall be subject to the following restrictions:
(1) 
Where the size of the pile being burned is three feet or less in diameter and two feet or less in height, outdoor burning shall be conducted at least twenty-five feet from a structure.
(2) 
Where the size of the pile being burned exceeds that in subsection (a)(1) above, no outdoor burning may be conducted within fifty feet of any stricture.
(3) 
Outdoor burning may be conducted in a container approved by the fire chief not less than fifteen feet from a structure.
(b) 
No bonfire shall be conducted within fifty feet of a structure.
(c) 
No recreational fire shall be conducted within twenty-five feet of a structure.
(d) 
Prior to commencing an outdoor burn, the person igniting the burn shall eliminate and conditions or materials that may cause or allow a fire to spread within the area prohibited by this section.
(Ordinance adopted 11/17/20)
The owner of the real property upon which an outdoor burn is conducted the person in control of such property, or a person designated by such person, shall continuously attend such fire until it is extinguished. Such person shall maintain, and have readily available for immediate utilization, at the location where the outdoor burn is conducted a minimum of one portable fire extinguisher rated 4-A (or better) by the National Fire Protection Association (NFPA), or other on-site fire extinguishing material of a type and quantity approved by the fire chief.
(Ordinance adopted 11/17/20)
The fire chief, assistant fire chief, may order an outdoor burning to be extinguished by the property owner, person in charge of the burning, fire department, city manager and city secretary, or other qualified person(s) regardless of how much burning was authorized, if such outdoor burn poses, cause, creates, or adds to a hazardous (or potentially hazardous) situation, or if such outdoor burn is commenced or conducted in violation of this article.
(Ordinance adopted 11/17/20)
The fire chief, assistance fire chief, city manager, or city secretary may revoke an outdoor burning permit granted pursuant to this article:
(1) 
In such official’s opinion, the permit holder is not equipped, capable, or qualified to commence or conduct an outdoor burn;
(2) 
Within the six months period prior to the scheduled time for such burn, the permit holder has violated any term or provision of the article;
(3) 
The permit holder is the subject of three (3) or more complaints, which the reviewing official determined to be founded; or
(4) 
The permit holder is then in violation of any provision of this article.
(Ordinance adopted 11/17/20)