The building of fires and burning of trash, debris and other combustible materials within the limits of the city in such a manner that any offensive smoke, odors, soot or ash falls or is blown into and across surrounding property and buildings shall constitute a nuisance, and any person who shall knowingly ignite and burn or knowingly cause to be ignited or burned or knowingly permit any person to ignite and burn any trash, debris or other combustible materials in such a manner that any offensive odors, smoke, soot or ash therefrom falls upon or blows into and across surrounding property and buildings shall, upon conviction, be fined in any sum not exceeding five hundred and no/100 dollars ($500.00).
(Ordinance 269TM, sec. 2, adopted 6/6/05)
It shall be unlawful for any person to knowingly ignite and burn or knowingly cause to be ignited and burned any trash, debris or other combustible materials upon any premises within the limits of the city in such a manner that endangers any property or buildings, and any person violating the provisions of this section shall, upon conviction, be fined in any sum not exceeding five hundred and no/100 dollars ($500.00).
(Ordinance 269TM, sec. 3, adopted 6/6/05)
(a) 
Any person may petition the city manager to issue a permit allowing burning at a specified time and place and for specified purposes. A fee of $20.00 shall be assessed for each such petition, which fee shall not be refundable. For a petition filed on behalf of a governmental entity, this fee is waived.
(b) 
The city manager shall review all such petitions to ensure compliance with all applicable regulations of the Environmental Protection Agency (EPA), the state commission on environmental quality (TCEQ), or any other local, state, or federal agency of competent jurisdiction. No permit shall be issued if such compliance is not found. The city manager shall prescribe such conditions and restrictions as he deems appropriate to ensure compliance with applicable regulations. No portion hereof shall relieve petitioners of their responsibility to comply with all applicable laws.
(c) 
The fire marshal shall review all petitions submitted to him by the city manager to ensure that the requested burning will not endanger any person or property or place undue burden on the fire department. No permit shall be issued if the fire marshal determines that the requested burning poses such a danger or burden. The fire marshal shall prescribe such conditions and restrictions as he deems appropriate to protect the health, safety and property of the people of the city and to minimize the burden upon the fire department.
(d) 
Subject to subsections (b) and (c) above, the city manager may grant permits for burning for the purpose of disposal of fallen brush or other debris, for responding as necessary to a disaster, natural or otherwise, or for the purpose of celebration or mourning.
(e) 
If a petition satisfying subsections (b) and (c) above requests burning for any purpose other than those described in subsection (d) above, the city manager shall submit the petition to the city council for decision at their next regular meeting. If the city council approves the petition, the city manager shall issue a permit in accordance with the council’s decision and the conditions imposed by the city manager under subsection (b) hereof and the fire marshal under subsection (c) hereof.
(f) 
If the city council disapproves a petition hereunder, the petitioner may not submit a substantially similar petition before the expiration of 180 days from the date of the disapproval by the city council. The city manager is empowered to summarily decline any petition in violation hereof.
(g) 
If, after issuance of a permit hereunder, the city manager or the fire marshal shall determine that the permit is not consistent with the purposes hereof, the city manager or the fire marshal may revoke such permit. A revocation hereunder is effective upon the permittee’s receipt of actual notice thereof by any means.
(h) 
It shall be a defense to prosecution under sections 5.04.001 and 5.04.002 hereof that the actions complained of were performed in compliance with a permit issued hereunder which was not revoked.
(Ordinance 269TM, sec. 4, adopted 6/6/05)