(a) 
The city manager shall appoint a fire chief who shall hold office until removed by the city manager.
(b) 
The fire chief shall supervise and direct all activities of the fire department, and shall prevent the destruction of property by fire within the city with the forces and apparatus at his command. He shall have and exercise full authority and perform duties according to the applicable provisions of this Code and other ordinances of the city.
(Code 1973, §§ 2-216, 2-217; Code 1997, § 91.01; Ordinance 62-19, adopted 11/7/1962)
There is hereby offered a reward of $250.00, up to $1,000.00, to any person who shall furnish information leading to the arrest and conviction of any person guilty of committing the offense of arson within the city limits. A reward of $50.00, up to $250.00, is hereby offered to any person who shall furnish information leading to the arrest and conviction of any person guilty of committing the offense of malicious burning within the city limits.
(Code 1973, § 12-3; Code 1997, § 91.02; Ordinance of 7/15/1936; Ordinance 80-65, adopted 7/2/1980; Ordinance 87-46, adopted 7/1/1987)
(a) 
Prohibited.
No person may cause, suffer, allow, or permit any outdoor burning with the city without a properly executed permit issued by the city fire department with the approval of the fire chief or his designated representative, and such other person as may be required by law.
(b) 
Exemptions.
(1) 
Outdoor burning in the following instances shall be allowed without a permit if prior approval by the fire chief of the fire department or his designated representative has been given. However, the exemptions are only related to the permit requirement. In no case does an exemption forego other requirements of this article. All exemptions are per the state commission on environmental quality (TCEQ) regulations.
a. 
On-site burning of trees, brush, grass, and other dry plant growth for right-of-way maintenance by county, town, or state officials. Structures containing sensitive receptors" shall mean a manmade structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation, it 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.
b. 
Crop residue or brush burning for agricultural management purposes when no practical alternative exists on plots of land greater than five acres.
c. 
Campfires.
d. 
Fires for ceremonial purposes.
e. 
Fires for commercial food preparation.
f. 
Warming fires during cold weather (refer to the Harlingen Fire Department Fire Prevention policies for guidelines).
(2) 
Neither a permit nor prior approval are required for fires used for noncommercial food preparation (i.e., outdoor grilling).
(c) 
Allowable general requirements.
Outdoor burning which is otherwise permissible shall be subject to the following requirements:
(1) 
Obtain a permit issued by the fire department. (The fire department will only approve issuance of a permit after the site has been inspected. All sites will be inspected.)
(2) 
All burn permits must be consistent with the Texas Clean Air Act.
(3) 
Burning shall be commenced only when the wind will carry smoke and other pollutants away from the town and any recreational, commercial, or industrial area, navigable water, public road, or landing strip which may be affected by the smoke. Burning shall not be conducted when a shift in wind direction is predicted which could produce adverse effects to person, animals, or property during the burning period. 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 burning to post flag persons on affected roads in accordance with the requirements of the state department of public safety.
(4) 
The burning must be conducted downwind of or at least 300 feet (90 meters) from any structures containing sensitive receptors, located on adjacent properties, unless prior written approval is obtained from the adjacent property owner(s). Such approval must be an official notarized statement. If written approval is obtained, the burn must be at least 50 feet from adjacent structures.
(5) 
Burning will only be conducted between the hours of 8:00 a.m. and 5:00 p.m. on the day the permit is issued. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished.
(6) 
The wind conditions shall comply with the following: The wind speed must not be less than six mph, and must not exceed 20 mph. if there are predicted gusty winds, burning will be prohibited.
(7) 
Burning shall not be conducted during period of actual or predicted persistent (12 hours or more) low-level atmosphere temperature inversion (no surface based) or in areas covered by a current National Weather Service Air Stagnation Advisory (ozone alert).
(8) 
The following may not be burned. Electrical insulation, treated lumber, plastics, non-wood construction and/or demolition materials, heavy oils, asphaltic materials, potentially explosive material, chemical wastes, items, containing natural or synthetic rubber, and any other miscellaneous hazardous material as defined by the TCEQ regulations, presently and as may be amended from time to time.
(9) 
Outdoor burning of leaves, pine needles, pinecones, or any other materials that generate excessive smoke which fall outside an exemption provided under Sec. 5.03.002 is prohibited.
(10) 
At all times during which burning activity is conducted, an adult supervisor must be present on site. This person must remain on site until the fire is extinguished and the ashes are cooled and covered.
(11) 
Adequate provisions must be provided to prevent the fire from spreading. Such provisions may include but are not limited to water breaks, water supply, and/or equipment available to extinguish the fire.
(12) 
The allowable size of the burn pile will be determined by the fire department with the decision being based on the safety, health, and welfare of citizens and property.
(13) 
Regardless of any provision of the article, the fire department may at their sole discretion when deemed necessary for the safety, health, and welfare of citizens or property cancel a permit or extinguish a fire.
(d) 
Indemnity.
The applicant signing the permit will be held directly responsible for any damages as a result of outdoor burning. The applicant further agrees to indemnify the city and the fire department, their officers, agents, servants, and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with this article. The authority to conduct outdoor burning under this article does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning and does not exempt or excuse any person from complying with all other applicable laws or ordinances, regulations, and orders of the town or other governmental entity having jurisdiction, even though the burning is otherwise conducted in compliance with this article.
(e) 
Additional regulations.
(1) 
Notice to state.
All persons, firms or corporations must contact, on the day any outside burnings are to be conducted, the state commission on environmental quality (TCEQ) for the purpose of receiving authorization to burn. The fire chief of the fire department, his/her assigned officer or the chief of police of the city must be able to confirm TCEQ's authorization to burn.
(2) 
Burn permit.
It shall be unlawful for any person, firm or corporation to conduct or allow outdoor burning without a burn permit as provided for in this article. Before any outdoor burning is conducted, all persons, corporations, partnerships, or any other business entities shall complete a burn permit application from the fire department.
(3) 
Upon receiving an application for the permit, the fire chief of the Harlingen Fire Department, his/her assigned officer or the chief of police of the city shall investigate the request for a permit in order to determine that the terms of this article will be met, that no possible hazards are present, and that the burn will be performed at a favorable time, taking into account the condition of the weather, environment, and wind, during each day that the burn will be conducted. Should the application be approved, a burn permit and a copy of the applicable regulations will be issued.
(4) 
Nuisance.
It shall be unlawful for any person, firm or corporation to conduct or allow any outdoor burning in such a manner so as to constitute a nuisance. It is hereby declared to be a nuisance for a person to allow or permit a fire from an outdoor burn to spread to any public street, alley, place or premises owned or occupied by another, or to permit or allow the smoke or fumes from such burn to spread onto or across the property of another.
(5) 
Materials burned.
It shall be unlawful for any person, firm or corporation to burn or allow to be burned any product, material or substance that is not allowed by this article, state or federal law.
(6) 
Enforcement.
The police chief or any police officer of the town shall have the right to enforce the terms of this article and to issue a citation for any violation hereof.
(7) 
Emergencies.
Should an emergency arise, the fire chief of the Harlingen Department or his designated representative may suspend any or all provisions of this article.
(f) 
Burn ban.
A burn ban is when the county commissioners' court, county fire marshal, or fire chief or city commission activates a ban against any type of burning, during any length of time that they deem necessary. The burn ban will pertain to any type of burning, such as control burn, bonfire, campfire, trash or rubbish burning, discarding of light materials or objects, and the use of fireworks of any type. When a burn ban has been activated by the county, the city must abide by the ban and cannot supersede the count's ruling.
(g) 
Compliance with state law.
Notwithstanding any other provision of this article, any burn shall be conducted in accordance with the Texas Clean Air Act, V.T.C.A. Texas Health and Safety Code, ch. 382, as it presently reads and as it may be amended from time to time.
(h) 
Penalty.
It shall be unlawful for any person to violate any provision of this article, and any person violating to failing to comply with any provision hereof shall, upon conviction, be found guilty of a class C misdemeanor and fined in an amount not to exceed $500.00 per violation, with each day in violation constituting a separate offense.
(Ordinance 2022-50, § 1, adopted 10/19/2022)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fireworks
means any combustible or explosive composition or any substance or combination of substances, or article or device prepared for the purpose of producing or capable of producing a visible or an audible effect by combustion, explosion, deflagration or detonation. The term "fireworks" shall include, but is not limited to, firecrackers, bottle rockets, sky rockets, Roman candles and sparklers. The term "fireworks" does not include automobile flares, paper caps or plastic caps which contain 0.25 of a grain of explosive content or less per cap which are used with toy pistols, toy canes, toy guns or other similar devices.
(Ordinance 03-23, § I, adopted 4/16/2003)
(a) 
The following specific facilities and permanent building and portable building locations, as identified and defined herein, where fireworks were sold in the area annexed to the City of Harlingen on November 18, 2008, will be allowed to continue to operate as fireworks sales locations from the same structures as they existed at the time of their annexation, and because the sale of fireworks does not conform to the zoning regulations for the district of the city in which these businesses are located, said locations and buildings will be categorized as nonconforming uses as that term is defined in section 111-357(3), but said structures and buildings may continue to be used in the condition in which they came into the city without the requirement of major structural changes as long as they meet the same basic fire, health, and safety requirements as any other business in the City of Harlingen; however, any attempt to expand or modify the facilities for the sale of fireworks beyond their current dimensions will require compliance with all city ordinances, codes, and regulations, including fire and safety codes and regulations, and on an ongoing and annual basis said businesses will generally be required to comply with regulations and ordinances of the City of Harlingen like any other business in the city and will specifically and additionally be required to comply with the specific regulations set out in this article:
(1) 
Mr. G's Fireworks, a permanent building, located at 16458 West Business 83, Harlingen, Texas, 78552.
(2) 
Valley Fireworks, 27194 Baker Potts Road, Harlingen, Texas, 78552, with four portable building locations allowed in the city and no others at:
a. 
24206 FM 3195, Stuart Place Road, Harlingen, Texas;
b. 
6949 West Business Highway 83, Harlingen, Texas;
c. 
6901 West Business Highway 83, Harlingen, Texas; and
d. 
8107 West Business 83, Lot E #4, Harlingen, Texas.
(3) 
Ariana's Stars and Stripes, one-tenth of a mile North Crockett Road, Harlingen, Texas 78552.
(b) 
For the purposes of this article, a permanent building or facility and a portable building or facility are defined as follows:
(1) 
The term "permanent buildings or facilities," at fireworks vending locations, are defined as a fireworks vending structure constructed out of brick, masonry, wood and/or metal with permanent foundations affixed to the ground that also provide safe, off-street, all weather paved parking and walking areas with proper curb cuts for safe ingress and egress of vehicles, permanently and fully-lighted and accessible parking lots for their customers and the public at the location when the location is open to the public, and that were located in those areas annexed by the city commission of the City of Harlingen on November 18, 2008.
(2) 
The term "portable building or facility or sales stand," at fireworks vending locations, are defined as non-permanent structures that are independently transported separately and placed at there location regardless of having been connected to any existing or other placed non-permanent structure that provide for fully-lighted caliche parking and walking areas, unless paved areas are already available at a location, which cannot revert to caliche once they are paved, with parking lot lighting on at night at all times that the location is open to the public, that have adequate curb cuts for the proper ingress and egress of vehicles and which portable buildings or sales stands locations were in existence and located in those areas annexed by the city commission of the City of Harlingen on November 18, 2008.
(c) 
In addition to the requirements set out hereinabove, the specific locations set out in subsection (a) of this section and defined in subsection (b) of this section are additionally subject to the following conditions:
(1) 
Storage and sale of fireworks in the City of Harlingen will comply with all county and state rules, regulations, and laws, including Texas Occupations Code ch. 2154, Texas Fireworks Rules for Retail Fireworks Sales and Storage, and all state fire laws applicable to the sale and storage of fireworks.
(2) 
Fireworks may be stored in the City of Harlingen only at the locations set out in subsection (a) of this section and only at the following times of each year:
a. 
January 1 through January 14.
b. 
April 20 through July 20.
c. 
December 1 through December 31.
(3) 
With the exception of those dates set out in subsection (c)(2) of this section, no fireworks will be on the premises of the locations set out in subsection (a) of this section or any adjacent buildings or warehouses located in said premises or property in the City of Harlingen. The fire marshal may inspect those locations to confirm that no fireworks are present and any violation shall be cited and subject to fine under this article. The owners and/or operators of those permanent building locations and portable building locations that have not been moved in the off-season shall meet the fire marshal at the location in the off-season during normal business hours for inspections and failure to do so shall make the owner subject to fine under this article.
(4) 
Permanent fireworks sales buildings as defined in subsection (b)(1) of this section must provide restrooms for the public and retail customers and for employees and portable fireworks sales buildings or stands as defined in subsection (b)(2) of this section must provide portable toilets for the public and retail customers and employees at all locations where potable buildings are located. All bathroom facilities must comply with city health code regulations.
(5) 
Portable building as defined in subsection (b)(2) of this section must obtain a specific use permit as required by chapter 111 before the buildings are placed at the four locations designated in subsection (a)(2) of this section, and at the one location designated in subsection (a)(3) of this section and the specific use permit for a portable building for the sale of fireworks shall only be required one time for said locations for the three fireworks selling seasons of Christmas/New Years, Cinco de Mayo and Fourth of July. The special use permit must be acquired from the city prior to the December, 2009, fireworks selling season, but will not be required for those locations in the following years.
(6) 
Purchasers of fireworks must be at least 16 years of age. A fireworks vendor and/or the employee of said vendor that fails to comply with this requirement shall be subject to citation and possible fine for violation of this article.
(7) 
Purchasers of fireworks within the City of Harlingen shall be allowed to possess fireworks for the sole purpose of transporting purchased fireworks outside the city and shall not be subject to citation for violation of this or any other ordinance of the City of Harlingen with regard to possession of fireworks as long as such purchaser is transporting said fireworks and said fireworks are inside bags or other similar containers which are located behind the last seat in the vehicle or in the vehicle's trunk and the purchaser can show that the fireworks are in their original packaging and have remained unopened and can show that the fireworks were purchased within 24 hours of the time of purchase.
(8) 
In compliance with section 111-358(b), if the buildings set out in subsection (a) of this section are destroyed beyond 75 percent of their reasonable value, they will not be allowed to reconstruct and use the facilities for the sale of fireworks. Pursuant to section 111-158(c), if the buildings and locations set out in subsection (a) of this section are not used for the sale of fireworks at any time during any of the three fireworks selling seasons in any year and such lack of use is not the result of a government restriction or the acts of third parties, then the facilities and buildings and locations will no longer be allowed to sell fireworks from those locations.
(9) 
Those businesses operating permanent and portable buildings for the sale of fireworks to the public set out in subsections (a) of this section shall secure a public liability insurance policy with a combined single limit of not less than $1,000,000.00 for personal injury, property damage or death of any person arising out of any act or omission on the part of the business or any agent or employee thereof and shall provide the city with a copy of said policy by December 1 of each year prior to the three main selling seasons and failure to do so will result in a violation of this article and said locations set out in subsection (a) of this section shall not be allowed to sell fireworks until a copy of said policy is provided to the city. Additionally, the City of Harlingen shall be given at least 30 days notice prior to the cancellation of said insurance policy.
(d) 
Nothing herein shall prohibit the sale of fireworks at wholesale by a manufacturer residing within the city limits of Harlingen, provided such fireworks are shipped directly out of the State of Texas in accordance with United States Department of Transportation regulations by motor, rail, water, or other interstate transportation.
(e) 
The fire marshal of the City of Harlingen may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, associations, amusement parks, military organizations, civic groups, and other organizations or groups of individuals. Such permits may be granted upon application to the fire marshal and after approval by the chief of police. No such permit shall be granted unless the applicant obtains a bond from a reputable surety company payable to the City of Harlingen in the sum of not less than $1,000.00 conditioned upon compliance by the permittee with the conditions stated in his permit and further conditioned on said person, firm, or corporation conducting said pyrotechnic display in a manner reasonably safe to persons and property. Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefore shall furnish, in addition to the bond required hereunder, a public liability insurance policy with a combined single limit of not less that $1,000,000.00 for personal injury, property damage or death of any person arising out of any act or omission on the part of such person, firm, or corporation or any agent or employee thereof and said policy of insurance shall contain an endorsement naming the City of Harlingen as an additional insured and shall require that the city be given at least 30 days notice prior to cancellation of the policy.
(Ordinance 03-23, § VII, adopted 4/16/2003; Ordinance 09-31, § III, adopted 10/7/2009; Ordinance 13-20, § I, adopted 6/19/2013)
Except as provided in section 20-24, it shall be unlawful for any parent or guardian of any child 16 years of age or younger to permit or allow such minor child to use, possess, discharge, ignite, detonate, fire or otherwise set in action any fireworks within the City of Harlingen, Texas.
(Ordinance 03-23, § II, adopted 4/16/2003; Ordinance 09-31, § II, adopted 10/7/2009)
The presence of any fireworks within the city limits of Harlingen, except as allowed in section 20-24, shall constitute a violation of this article and is hereby declared to be a common and public nuisance and contrary to the public health, safety and general welfare. The fire marshal, and the Harlingen Chief of Police are directed and required to seize and cause to be safely destroyed any fireworks found within the city limits in violation of this article. Any member of the fire prevention bureau of the fire department or any police officer of the City of Harlingen or other duly constituted peace officer is empowered to lawfully seize any fireworks found within the city in violation of this article and cause the same to safely be destroyed.
(Ordinance 03-23, § V, adopted 4/16/2003)