The city hereby adopts the outdoor burning rules as outlined in the Texas Administrative Code, title 30, part 1, chapter 111, subchapter B, and as may be amended. If a conflict occurs between the Texas Administrative Code and this article, the most stringent provision shall prevail.
(Ordinance 860-22 adopted 4/12/22)
Outdoor burning of any kind is prohibited except where such burning is authorized pursuant to an exception as specified below. This prohibition includes the burning of household trash, furniture, electrical insulation, treated and untreated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, chemical wastes, natural or synthetic rubbers, garbage of any form, or municipal solid waste (hereinafter “waste”). Waste does not include leaves, grass clippings, tree limbs or other materials that may be used as fuel for a fire under the exceptions below.
(Ordinance 860-22 adopted 4/12/22)
Outdoor burning may be authorized under the following exceptions:
(1) 
Fire training. Outdoor burning is authorized for training firefighting personnel. Facilities dedicated solely for firefighting training shall provide an annual written notification of intent as to such burning to the fire code official and the state commission on environmental quality (TCEQ) or its successor, and shall provide each with notice at least 24 hours in advance of any scheduled training session. No more than one such notification is required for multiple training sessions scheduled within any one-week period, provided the initial notice includes the specific dates and times of all sessions.
(2) 
Outdoor fires for noncommercial food preparation. Outdoor fires are authorized for cooking, provided such fire is built and maintained in a pit that fully contains the fire, or a fireproof container such as a barbeque pit or chimenea made of brick, stone, metal, or other fireproof material in such a manner as to prevent any fire from escaping. This exception does not permit or authorize the burning of waste or other matters not being prepared for consumption.
(3) 
Fires used for recreation and ceremony. The city may authorize outdoor burning for fires used solely for recreational or ceremonial purposes, provided such fire is built and maintained in a pit that fully contains the fire, or a fireproof container such as a barrel, barbeque pit or chimenea made of brick, stone, metal, or other fireproof material in such a manner as to prevent any fire from escaping. This exception does not permit or authorize the burning of waste.
(4) 
Outdoor fires for warmth. Outdoor fires are authorized for warmth, provided such fire is built and maintained in a pit that fully contains the fire, or a fireproof container such as a barrel, barbeque pit or chimenea made of brick, stone, metal, or other fireproof material in such a manner as to prevent any fire from escaping. This exception does not permit or authorize the burning of waste.
(5) 
Outdoor fires for disposal of leaves, grass clippings, tree limbs and other similar materials. Outdoor fires are authorized for the disposal of leaves, grass clippings, and tree limbs, provided such fire is built and maintained in a pit that fully contains the fire, or a fireproof container such as a barrel, barbeque pit or chimenea made of brick, stone, metal, or other fireproof material in such a manner as to prevent any fire from escaping. This exception does not permit or authorize the burning of waste.
(6) 
Disposal fires. The city may authorize outdoor burning for the following purposes, such activities being subject to prior written notification to, and/or inspection by, the fire chief, fire marshal (or their designee):
(A) 
Diseased animal carcass burning where burning is the most effective means of controlling the spread of disease.
(B) 
On-site burning of trees, brush, limbs and other plant growth for right-of-way maintenance, land clearing operations, and maintenance along waterways when a practical alternative to burning does not exist for any such purpose and when the materials are generated only from that property. Sensitive receptors, such as neighboring properties, persons, [or] animals, must not be negatively affected by the burn. For a single project entailing multiple days of burning, an initial notice delineating the scope of the burn is sufficient if the scope does not constitute circumvention of any other provision provided herein and with the understanding that the fire chief, fire marshal (or their designee) may revoke such authorization for reasons such as where conditions change or a violation occurs.
(C) 
Crop residue burning for agricultural maintenance purposes when no practical alternative exists. Structures containing sensitive receptors must not be negatively affected by the burn.
(D) 
Brush, trees, and other plant growth causing a detrimental public health and safety condition may be burned by a local government at a site it owns upon receiving approval from the fire chief, fire marshal (or their designee). Such a burn may only be authorized where there is no practical alternative and, it may be done no more frequently than once every two months.
(E) 
Prescribed burn. The city may authorize outdoor burning for prescribed burning for forest, range, and wildland/wildlife management purposes. Such burning is prohibited where the fire chief, fire marshal (or their designee) determines that the burning will have an adverse effect on any building or structure. In addition, the fire chief, fire marshal (or their designee) may revoke the authority to burn at any time if the burning causes nuisance conditions, is not conducted in accordance with the specified conditions, violates any provision of this article, or causes a violation of any air quality standard.
(F) 
Other necessary burning. If not otherwise authorized by this article, outdoor burning may be authorized by the city if there is no practical alternative and if the burning will not cause or contribute to a nuisance, traffic hazard, or violate any federal or state law. The fire chief, fire marshal (or their designee) may specify procedures or methods to control or abate emissions from outdoor burning as authorized. The fire chief, fire marshal (or their designee) may revoke the authority to burn at any time if the burning causes nuisance conditions, is not conducted in accordance with the specified conditions, violates any provision of this article, or causes a violation of any air quality law.
(Ordinance 860-22 adopted 4/12/22)
The fire chief, fire marshal (or their designee) may revoke any person’s or entity’s right to conduct outdoor burning and may pursue any legal recourse against the person or entity if the fire official determines that federal or state law or this article was violated.
(Ordinance 860-22 adopted 4/12/22)
Outdoor burning, including under the exceptions described in section 5.05.003, shall be prohibited when a burn ban is in effect for Parker County and the outdoor burning violates and/or conflicts with the terms of the burn ban.
(Ordinance 860-22 adopted 4/12/22)
The fire chief, fire marshal (or their designee) or any officer, agent, employee or representative of the city may inspect any property for the purpose of ascertaining compliance with the provisions of this article.
(Ordinance 860-22 adopted 4/12/22)
(a) 
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b) 
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding two thousand dollars ($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 class C misdemeanor.
(c) 
Civil remedies.
A person conducting or using an outdoor burn of any kind shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire. The city will not be liable for any fire suppression costs or any other liability resulting from damage caused by a fire being conducted under this article. Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(2) 
A civil penalty of up to $1,000.00 per day that a violation exists when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
(3) 
Other available relief.
(Ordinance 860-22 adopted 4/12/22)