(a) 
This article is adopted pursuant to regulations adopted by the Texas Commission on Environmental Quality (TCEQ) under the provisions of the Texas Clean Air Act (V.T.C.A., Health and Safety Code, § 382.001 et seq.), which grant to cities certain powers to enact and enforce ordinances regulating air contaminants and air pollution and is further adopted to promote fire prevention within the city.
(b) 
Outdoor burning shall not be allowed within the corporate limits of the city except as specifically authorized in this article.
(Ordinance adopted 1/4/99; Ordinance 2008-02-01 adopted 2/11/08; Ordinance 2022-04-04 adopted 4/4/2022; Ordinance 2024-05-20-A adopted 5/20/2024)
Brush.
Cuttings or trimmings from trees, shrubs, gardens or lawns, or similar materials.
Combustible Materials.
Materials which are readily ignitable, free burning, or which will ignite through contact with flames of ordinary temperatures and includes combustible decorative materials, combustible fibers, combustible liquids and combustible waste material as those terms are defined in the International Fire Code as adopted by the city.
Extinguished.
The absence of any visible flames, glowing coals, or smoke.
Fire Weather Watch or Red Flag Warning.
Is issued when the combination of dry fuels and weather conditions supports extreme fire danger. This alerts local land management branches about the onset, or possible onset, of serious weather and fuel moisture conditions that could cause rapid or dramatic increases in wildfire activity.
Firefighting Instruction Fires.
Fires for instruction in methods of firefighting, including, but not limited to, training to fight structural fires, testing fire resistance of materials, or testing fire protection equipment.
National Ambient Air Quality Standards (NAAQS).
Are standards for air quality that are set by the Central Pollution Control Board (CPCB) that are applicable all over the country.
Outdoor Burning.
The incineration of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack. Types of open burning can include, but are not limited to, bonfires, fire pits, campfires, burning trash, leaves, and other yard waste in backyards and open areas.
Recreation or Ceremonial Purposes.
Campfires, bonfires, and cooking fires. Fires used for debris disposal are not considered recreational fires.
Structure Containing Sensitive Receptor(s).
A manmade structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term "manmade structure" does not include such things as range fences, roads, bridges, hunting blinds or facilities used solely for the storage of hay or other livestock feeds. The term "sensitive live vegetation" is defined as vegetation that has potential to be damaged by smoke and heat, examples of which include, but are not limited to, nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.
Sunrise/sunset.
The official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service offices.
(Ordinance 2024-05-20-A adopted 5/20/2024)
Outdoor burning of rubbish, garbage, brush, combustible materials, and all other combustible materials within the incorporate limits of the city hereby declared to be a nuisance that creates conditions that are detrimental to the lives, health, and property of the citizens of the city and interferes with the enjoyment of property and the public peace and comfort.
(Ordinance 2024-05-20-A adopted 5/20/2024)
(a) 
Prohibition:
Except as otherwise provided in this article, it shall be unlawful for any person to ignite, burn, or cause to be burned any combustible materials within the corporate limits of the city.
(b) 
Exceptions:
(1) 
Outdoor burning in connection with the preparation of food.
(2) 
Campfires and fires which are used solely for recreational or ceremonial purposes.
(3) 
Domestic burning for heat and cooking within any dwelling unit when contained in an approved fireplace. Barbeque pits, smokers, L.P. cookers, or similar open-flame cooking equipment shall not be used within ten (10) feet of any structure.
(4) 
Fires set for the purpose of training firefighting personnel associated with the city, after notifying the city in writing of the intended training at least 10 business days in advance.
(5) 
Burning for the purpose of removing fire hazards on written approval of the fire marshal for burning when the mayor of the city has issued an emergency disaster declaration.
(Ordinance 2024-05-20-A adopted 5/20/2024)
(a) 
Nothing contained in this section shall be construed as permitting any burning in violation of any rule, regulation, or order of the Texas Clean Air Act or TCEQ rules and regulations.
(b) 
Any person desiring to conduct outdoor burning under subsection (d) of this section shall apply for and obtain a permit from city hall. Applications for outdoor burning shall be submitted to the city at least ten (10) working days prior to the requested burn day. A detailed and accurate site plan shall be submitted for approval. A copy of the permit and all required paperwork shall be maintained at the burn site for the duration of the permit. Permits may only be used by the original applicant and may not be assigned or otherwise transferred.
(c) 
Burning shall be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water or off-site structure containing sensitive receptor(s).
(d) 
If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burn to post flag persons on affected roads in accordance with the requirements of the Texas Department of Transportation and the Texas Department of Public Safety.
(e) 
Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions or in areas covered by a current air stagnation advisory.
(1) 
The initiation of burning shall commence no earlier than one (1) hour after sunrise.
(2) 
Burning shall be completed and the fire completely extinguished on the same day not later than one (1) hour before sunset.
(3) 
The permitted open burn shall be always attended by a responsible party. In no case shall the extent of the burn area be allowed to increase after this time period. The permit period shall be commensurate with the projected time period necessary for the outdoor burning and the expiration date shall be stated on the permit.
(f) 
Only material derived from the burn site may be burned on that site. Materials may not be brought in from other sites to be burned.
(g) 
Electrical insulation, treated lumber, plastics, nonwood construction or demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical, wastes, and items containing natural or synthetic rubber shall not be burned.
(h) 
Burning of brush may be permitted provided the brush pile is no closer than fifty (50) feet from a public roadway or property line. A brush pile cannot be larger than twenty-five (25) feet in diameter and not higher than fifteen (15) feet. Piles may not be spaced closer than fifty (50) feet between piles. Only one pile may be burned at a time. At least one serviceable portable fire extinguisher with a rating of 4A:10B:C rating shall be within 30 feet of the burn pile.
(Ordinance 2024-05-20-A adopted 5/20/2024)
A permit shall be denied or revoked by the fire marshal upon occurrence of any one or more of the following:
(a) 
The permittee provides false information on the permit application.
(b) 
The permittee does not comply with the requirements of this article.
(c) 
The permittee adds prohibited or illegal items to the burn site for which the permit is or is to be issued.
(Ordinance 2024-05-20-A adopted 5/20/2024)
(a) 
The authority to conduct outdoor burning under this section does not exempt, nor excuse the person who is issued the permit, from the consequences, damages, or injuries resulting from the burning. It does not exempt nor excuse anyone from complying with all other applicable laws or ordinances, regulations and orders of governmental entities having jurisdiction even though the burning is otherwise conducted in compliance with the section.
(b) 
Cost Recovery:
Any person who conducts outdoor burning, whether permitted outdoor burning or not-permitted outdoor burning, will be liable for the recovery of costs associated with emergency responders, police, fire and EMS departments, or mutual aid fire departments who respond to extinguish an unwanted or out of control fire, should there be any.
(Ordinance 2024-05-20-A adopted 5/20/2024)
(a) 
All approved and issued burn permits shall be immediately revoked and burning shall not be conducted during periods of;
(1) 
Fire weather watch or red flag warnings as issued by the Texas Forest Service and National Weather Service;
(2) 
Actual or predicted persistent low-level atmospheric temperature inversions or in areas covered by a current air stagnation advisory;
(3) 
Issuance of a burn ban by the county commissioner's court.
(4) 
Declaration of unfavorable burning conditions or location of burn site by the the city's voluntary fire chief or a duly appointed firefighter of this department, the city appointed fire Marshal, or a code enforcement official of the city.
(b) 
Electrical insulation, treated lumber, plastics, nonwood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned.
(Ordinance 2024-05-20-A adopted 5/20/2024)
The police department and or a qualified code enforcement officer shall have concurrent authority to administer and enforce the provisions of this article. Any person violating any provision of this article is subject to a suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(Ordinance 2024-05-20-A adopted 5/20/2024)
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.109 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(Ordinance 2024-05-20-A adopted 5/20/2024)
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;
(2) 
A civil penalty up to $2,000.00 a day 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 2024-05-20-A adopted 5/20/2024)