The city hereby adopts the outdoor burning rules as outlined in title 30 of the Texas Administrative Code, sections 111.201–111.221. If a conflict occurs between title 30 of the Texas Administrative Code, sections 111.201–111.221 and this article, the stricter of the two codes shall prevail.
(Ordinance 101, sec. A, adopted 3/20/15)
No person may cause, suffer, allow, or permit any outdoor burning within the city limits, or the city’s extraterritorial jurisdiction, except as provided by this article. The burning of household trash, garbage of any form, or municipal solid waste is prohibited within the city limits. It shall also be unlawful for any person to light or have lighted any fire in any street, alley, thoroughfare or public property with the exception of cooking receptacles located in designated city parks and municipal burning as discussed in section 6.05.003 of this article. Outdoor disposal or disposition of any material capable of igniting spontaneously, with the exception of the storage of fossil fuels, shall not be allowed. No furniture, construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials. chemical wastes, and items containing natural or synthetic rubber shall be burned.
(Ordinance 101, sec. B, adopted 3/20/15)
Only fires under the conditions described below will be permitted:
(1) 
Fire training.
Outdoor burning shall be authorized for training of firefighting personnel when requested in writing and authorized by the state commission on environmental quality, region 1, air program manager. The burning shall be authorized if notice of denial is not received within (10) ten working days after the date of postmark or date of personal delivery of the request.
(2) 
Domestic outdoor fires.
Fires are allowed out-of-doors for cooking, warmth, recreational or ceremonial purposes. These fires should be built in a fireproof container, such as a bar-b-que pit or chimenea, made of brick, stone, metal, or other fireproof material, or in a manner to contain the fire and prevent said fire from escaping. All grills and open pits must be covered to prevent escape of embers. All of the above allowed out-of-doors fires must have a responsible person(s) in attendance, with adequate water supply and/or fire extinguishing equipment readily available. The responsible person(s) must also possess a reliable means of communication to call for assistance if needed.
(3) 
Municipal burning.
The city may burn vegetation and/or brush for the purpose of maintaining and/or clearing of rights-of-way for streets and/or drainage. The city may burn brush, trees and other plant growth causing a detrimental public health and safety condition upon receiving site and burn approval from the state commission on environmental quality, region 1, air program manager.
(4) 
Special permission.
The emergency management director of the city, with support and specific agreement of the fire chief, is fully authorized to issue special burning permissions to persons, firms or corporations located within the city on a case-by-case basis.
(Ordinance 101, sec. C, adopted 3/20/15)
Pursuant to section 1.02.004(4), the emergency management director of the city, with support and specific request made by the fire chief, is fully authorized to enact a burn ban and set the term limits and conditions of the ban. Such bans are enforceable within the entirety of city limits and the city’s extraterritorial jurisdiction.
(Ordinance 101, sec. D, adopted 3/20/15)
Any person, firm or corporation violating any of the provisions or terms of this article, or owning or occupying real property on which such violation(s) occurs, shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed the maximum allowable by state law for such offense, except where a different penalty has been established by state law for such offense(s). Power of citation for violation(s) of this article is hereby granted to the current fire chief as well as the code enforcement officer.
(Ordinance 101, sec. E, adopted 3/20/15)