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)
(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)