As used in this article:
Combustible material.
Any liquid or solid having a flashpoint making the material capable of igniting and/or having the capacity of igniting and burning.
Continuously attended to by a responsible person.
As follows:
(1) 
The person conducting the burning is eighteen years of age or older;
(2) 
The person conducting the burning is within continuous proximity of the enclosure, whether inside or outside a structure located on the same property as the enclosure as defined herein but within 50 feet of the container throughout the entire time that the burning is occurring;
(3) 
The person conducting the burning keeps the burning within his or her continuous sight or view; and
(4) 
The person conducting the burning inspects the burning periodically, but in no event, less than fifteen (15) minute intervals, to ensure safety and prevent the burning from escaping from the enclosure.
Enclosure.
A structure that contains all flames and sparks and is designed to prevent a fire from spreading.
Garbage.
Includes, among other similar matter, all animal or vegetable matter, such as waste material and refuse from kitchens, residences, grocery stores, butcher shops, hotels, rooming houses, boarding houses, restaurants, and cafes, and other deleterious substances.
Trash.
Rubbish such as feathers, coffee grounds, ashes, tin cans, paper, boxes, glass, grass, shrubs, yard cleanings, yard clippings, leaves, tree trimmings and similar matter.
(Ordinance 2011.11.3, sec. 1, adopted 11/8/11; Ordnance 2011.10.2, sec. 1, adopted 10/11/11; 2001 Code, sec. 5.601)
It shall be unlawful for any person to burn any trash, garbage, or weeds, whether within an enclosure or not, at any place within the corporate limits of the city, with only one (1) exception, that is only when deemed absolutely necessary and in the presence of the fire marshal and the city fire department.
(Ordnance 2011.10.2, sec. 2, adopted 10/11/11)
(a) 
It shall be unlawful for any person to burn or allow any person to burn any combustible material outside of an enclosure within the corporate limits of the city; provided however, that all such burning not prohibited hereby shall be done only if:
(1) 
Fire extinguishing equipment is located on site and within ten (10) feet of such enclosure; and
(2) 
The burning of such material within the enclosure is continuously attended to by a responsible person as herein defined.
(b) 
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(Ordinance 2011.11.3, sec. 2, adopted 11/8/11)
Section 5.05.003 shall not apply to:
(1) 
Licensed peace officers, as that term is defined by the 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 Texas Commission on Environmental Quality (TCEQ) or any successor agency;
(3) 
Firefighting training activities properly supervised by a firefighting authority, department or political subdivision;
(4) 
Prescribed burns properly conducted and supervised by the fire chief of the city’s volunteer fire department or under the supervision of said fire chief;
(5) 
The use of blank cartridges for a theatrical production, military ceremony, or sporting event that is either sponsored by an educational institution or is issued a permit by the fire chief;
(6) 
Emergency flares or other identification markers used in emergency situations; or
(7) 
Burns for which written permission is submitted to the fire chief and expressly permitted and supervised by the city’s volunteer fire department or its successor under such conditions as the fire chief shall promulgate in writing to the requestor.
(2001 Code, sec. 6.101; Ordnance 2011.10.2, sec. 3, adopted 10/11/11)