The following words, when used in this article, shall have the
following meanings:
means putrescible animal and vegetable waste materials and/or
residue from the handling, preparation, cooking or consumption of
food, including waste materials from markets, storage facilities,
and the handling and sale of produce and other food products.
means non-putrescible solid waste, excluding ashes, that
consists of combustible waste materials including paper, rags, cartons,
wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves
and similar materials; or noncombustible waste materials including
glass, crockery, tin cans, aluminum cans, metal furniture and similar
materials that do not burn at ordinary incinerator temperatures (1,600
to 1,800 degrees Fahrenheit).
means all items of a nature not customarily maintained, stored
or located in areas such as the one at issue, including garbage, refuse,
and rubbish, and including all items of personal property, including
but not limited to the following: mounds of dirt, piles of leaves,
grass and weed clippings, paper trash, rubble, furniture other than
furniture designed for and arranged for outside use, household items
and appliances, items of salvage, such as scrap metal and wood, barrels,
automotive parts, parts of vehicles, inoperable or dilapidated lawn
mowers and other lawn, yard or household machinery, wheels or tires,
objects that hold water for an extended time, tree and brush trimmings
and other miscellaneous wastes or rejected matter; and all manner
of building materials which have been stacked, placed, located, accumulated,
or stored other than in an enclosed building or structure for more
than 30 days and which are not being actively utilized or consumed
as part of a permitted construction project located on the property
on which the building materials are located, including but not limited
to the following: (a) lumber, (b) nails, (c) nuts, (d) bolts, (e)
screws, (f) plastic moldings, (g) siding, (h) insulation, (i) dry
wall, (j) glass, (k) doors, (l) hinges, (m) bricks, (n) bags of mortar,
(o) sand, (p) concrete mix, and (q) other materials or components
which are customarily utilized in construction or repair of any structure.
[Ord. No. 1411-20, § 1, 6-22-2020]
It shall be unlawful for any person to burn any flammable or
combustible materials, garbage, brush, timber, vegetation, trash or
rubbish, in or upon any street or alley, or upon any lot or property
within the corporate limits of the city. Such prohibited burning includes
bonfires not in compliance with this article.
[Ord. No. 1411-20, § 1, 6-22-2020]
(a)
The
following types of outdoor burning are allowed without the necessity
of a permit from the city:
(1)
Outdoor burning for the purpose of outdoor cooking in a device designed
and constructed for such a purpose.
(2)
Outdoor burning conducted in an approved container as defined in
the fire code adopted by the city, such as a fire pit, provided that
all such burning occurs 15 feet or more away from any structure and
the flame is covered with a mesh top or metal grate that minimizes
the escape of embers.
(b)
The
following types of outdoor burning are allowed upon issuance of a
permit from the city:
(1)
Outdoor burning is not unlawful where such burning is expressly permitted
by and done in accordance with the regulations of the local air pollution
control agency, currently the Texas Commission on Environmental Quality
(TCEQ), and approval from TCEQ and the date(s) of such burning are
provided in advance to the fire chief. This includes, but is not limited
to, trench burning, hydrocarbon burning, and outdoor burning for training
firefighting personnel.
(2)
Recreational or ceremonial outdoor burning is not unlawful where
such burning is approved in advance by the fire chief.
(3)
An outdoor burning permit required under this section shall be subject
to all of the following:
a.
An application for such outdoor burning shall be submitted to the
city for approval by the fire chief.
b.
The applicant shall pay a permit fee of $25.00; non-profit organizations
are exempt from the permit fee, but not the permit requirements.
c.
The maximum recreational/ceremonial burn area shall not exceed three
feet in diameter by two feet in height.
d.
The applicant shall comply with all other safety requirements set
forth in the permit approved by the fire chief.
[Ord. No. 1411-20, § 1, 6-22-2020]
It shall be unlawful, under any circumstances to burn any junked
cars or wrecked automobiles, or any parts thereof, for wrecking or
salvage purposes, or for any other reason, in or upon any premises
within the city public or private; or the burning of any other substance
which shall be particularly offensive by reason of smoke or odor,
which may endanger the health and safety of the public.
[Ord. No. 1411-20, § 1, 6-22-2020]
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provision found in section 1-14 of this Code. Each day that a violation is permitted to exist shall constitute a separate offense.
[Ord. No. 1411-20, § 1, 6-22-2020]
