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 4/12/2022)
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 4/12/2022)
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 4/12/2022)
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 4/12/2022)
Outdoor burning, including under the exceptions described in section
5.04.003, 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 4/12/2022)
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 4/12/2022)
(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
(Ordinance 860-22 adopted 4/12/2022)