Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application.
Bulky waste.
Any discarded appliances and furniture including but not limited to stoves, refrigerators, freezers, air conditioners, washers, dryers, water heaters, sinks, mattresses and other discarded items too large for standard solid waste containers.
Burn.
To ignite or allow a fire to consume combustible materials of any sort.
Construction or demolition debris.
Any solid waste containing a variety of materials resulting from the construction, demolition, remodeling or renovation of residential, commercial or industrial structures. Construction or demolition debris includes cement, concrete, asphalt, masonry debris, lumber, wood products, drywall, roofing materials, insulation and any other product or material used in construction, or as a result of demolition.
Fire chief.
The highest-ranking officer elected by the membership of the Iowa Park Volunteer Fire Department.
Fire department.
The Iowa Park Volunteer Fire Department and any other departments training with the fire department or providing mutual aid.
Fire marshal.
The City of Iowa Park Fire Marshall appointed by the city manager.
Fireworks.
Devices containing gunpowder and other combustible chemicals that cause spectacular explosions when ignited, used typically for display or in celebrations.
Garbage.
Any putrescible wastes including all meat, vegetable, fruit and food refuse, wrappings and containers, and carcasses of small dead animals and dead fowl from any premises.
Hazardous materials.
Any item or agent which has the potential to cause harm to humans, animals, or the environment, if burned.
Refuse.
Any residential and/or commercial wastes, including garbage, rubbish, bulky waste, construction, demolition or vegetative debris.
Sky lantern.
An untethered, unmanned, free-floating device containing an open flame or other heat source.
Vegetative debris (brush).
Any dead and downed trees, shrubs, vines, limbs, branches, weeds, leaves, trimmings, cuttings, or other plant material, naturally expired or portions of a plant removed intentionally, such as by clearing, cutting, mowing, pruning or trimming.
(Ordinance 1377 adopted 12/12/2022)
It shall be unlawful for both the owner and the tenant of any property to permit combustible fuel such as vegetative, construction or demolition debris to accumulate on a property which may, by reason of fire, endanger any adjoining property or may be reasonably calculated to communicate fire to any adjacent premises.
(Ordinance 1377 adopted 12/12/2022)
(a) 
It shall be unlawful for any person to burn any garbage within the city limits.
(b) 
It shall be unlawful for any person to burn hazardous materials including but not limited to electrical insulation, plastics, nonwood construction, or demolition materials, potentially explosive materials, chemical wastes, or items containing natural or synthetic rubber.
(Ordinance 1377 adopted 12/12/2022)
(a) 
It shall be unlawful for any person to set a fire, burn or allow the burning of combustible materials which are in an uncontained and/or uncovered environment. This restriction does not apply to:
(1) 
Any authorized public displays which are approved by the city council following recommendation from the city's fire marshal and fire chief;
(2) 
Fires used for the purpose of training fire department personnel;
(3) 
Fires set by the fire department to mitigate effects from larger fires; and
(4) 
Controlled burns authorized jointly by the fire chief and fire marshal in accordance with the provisions of this chapter.
(b) 
Controlled burns of vegetative debris by the property owner on a property of five (5) acres or more for land clearing purposes or to reduce fire hazards may be permitted under the following conditions:
(1) 
The permit application fee for a controlled burn shall be as set forth in the fee schedule in appendix A of this code;
(2) 
The applicant shall provide proof of liability insurance coverage in the property owner's name on the property of the controlled burn and the property owner will be liable for all consequences, damages, injuries, or losses resulting from a permitted burn;
(3) 
An authorized controlled burn permit shall remain valid for ten (10) days.
(4) 
No controlled burns shall be permitted during a burn ban ordered by the city council or the county judge;
(5) 
No more than one (1) pile of vegetative debris per property, no more than ten feet (10') in height and no more than thirty feet (30') in diameter may be burned at any given time;
(6) 
No controlled burns shall be allowed within twenty-five feet (25') of property owned by another party or within one hundred feet (100') of any structure;
(7) 
All burning must remain under the control of the permitted property owner with a pre-approved fire control plan, a minimum two hundred fifty (250) gallons of water with a pressurized sprayer on site, and the demonstrated ability to extinguish the fire;
(8) 
No burns may be set earlier than one (1) hour after sunrise and the property owner or his designee(s) must remain present on site with the fire until the fire has been completely extinguished and the ashes are cold;
(9) 
No burns may be set if the wind speed is or is projected to be less than six (6) miles per hour (mph) or more than twenty-three (23) mph;
(10) 
No burns may be set unless the wind direction and other weather conditions are such that smoke and other pollutants will not present a nuisance or risk to traffic, building occupants, sensitive crops, or livestock;
(11) 
Designated burns must be completely confined by a fire break consisting of a minimum of twenty-five feet (25') of cleared vegetation and other fuels;
(12) 
Prior to ignition, the permitted property owner must notify the police department on the day of the burn; and
(13) 
The fire chief, fire marshal or any officer of the city may order extinguishment of a controlled burn or request emergency response to extinguish the fire at any time any provisions of this chapter are violated.
(A) 
A property owner who fails to control a permitted burn in accordance with this chapter shall be required to pay a fee to cover the cost of first responders and equipment dispatched to extinguish the fire.
(B) 
The minimum fee for emergency response shall be as set forth in the fee schedule in appendix A of this code.
(C) 
The charge for dispatched vehicles and equipment will be as stated in the most current Federal Emergency Management Agency schedule of equipment rates.
(Ordinance 1263 adopted 3/11/19; Ordinance 1377 adopted 12/12/2022)
(a) 
It shall be unlawful for any person to burn combustible materials including but not limited to rubbish, trash, refuse, garbage, bulky waste, vegetative, construction or demolition debris in or on any street or alley, or on any lot within the city. This restriction does not apply to:
(1) 
Any authorized public displays which are approved by the city council following recommendation from the city's fire marshal and/or fire chief;
(2) 
Fires used for the purpose of training fire department personnel; and
(3) 
Fires set by the fire department to mitigate effects from larger fires.
(4) 
Fires in a contained device designated and constructed for such a purpose with fuel designated for the device in which smoke or exhaust does not create a nuisance and for the purpose of:.
(A) 
Recreational or ceremonial purposes;
(B) 
Noncommercial preparation of food; or
(C) 
Generating warmth.
(5) 
Any authorized burning of vegetative debris following a natural disaster approved by the city council following recommendation from the city's fire marshal and/or fire chief.
(b) 
The fire chief, fire marshal or any officer of the city may order extinguishment of a burn or request emergency response to extinguish the fire at any time any provisions of this code are violated.
(Ordinance 1377 adopted 12/12/2022)
(a) 
It shall be unlawful for any person to sell, offer for sale, or explode any type or kind of fireworks, including firecrackers, torpedoes, rockets, Roman candles and any other types of explosives commonly used for this purpose, within the city limits, except authorized public displays approved by the city council following recommendation from the city's fire marshal and/or fire chief.
(b) 
It shall be unlawful for any person to release or cause to be released an untethered, unmanned, free-floating device containing an open flame or other heat source, such as but not limited to a sky lantern, except authorized public displays approved by the city council following recommendation from the city's fire marshal and/or fire chief.
(2004 Code, art. 5.03; Ordinance 1377 adopted 12/12/2022)
Notwithstanding any other provision of this article, any burn shall be conducted in accordance with the Texas Clean Air Act, chapter 382, Texas Health and Safety Code, as it presently reads and as it may be amended from time-to-time.
(Ordinance 1377 adopted 12/12/2022)
(a) 
Any person who shall violate any of the provisions of the code hereby adopted or who fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the fire marshal or by a court of competent jurisdiction, within the time fixed therein, shall severally for each such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable as provided in section 1.01.009 of this code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
(b) 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ordinance 1377 adopted 12/12/2022)