ORD 2001-02 - Burning Permits 01-09-2001ORDINANCE NO. 2001-02
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION
12.01.03 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE TO
REQUIRE A PERMIT FOR BURNING WITHIN THE CITY LIMITS, TO REQUIRE
COMMERCIAL BURNING TO COMPLY WITH TNRCC REGULATIONS, AND TO
PROVIDE FOR THE IMPLEMENTATION OF BANS ON BURNING WITHIN THE CITY
LIMITS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: Chapter 12 "Fire Prevention and Protection," Section 12.01.03 "Burning of
trash and refuse, when permit required; duties of fire marshal; fees; penalty for violation," Parts A.
and B. are hereby amended, along with the title, to hereinafter read as follows:
12.01.03 Burning within city limits; permit required; duties of fire marshal;
penalty for violation.
A. It shall hereafter be unlawful for any person, firm, entity or corporation to burn any
wood, trees, brush, trash, refuse, garbage or other combustible material within the corporate
limits of the City of Huntsville unless such person, firm, entity or corporation first obtains
a burning permit (the `Burn Permit ") from the Fire Marshal of the City of Huntsville, Texas.
Even if a Burn Permit is issued for burning, no burning will be allowed during any period
in which a determination has been made by the County Judge of Walker County, Texas that
burning within Walker County poses an imminent safety risk or threatens the health and
welfare of the citizens or by the Fire Chief of the City of Huntsville that burning within the
City of Huntsville poses an imminent safety risk or threatens the health and welfare of the
citizens of the City of Huntsville (commonly referred to as a "bum ban"). Any Burn Permit
for burning shall be suspended during any period in which a burn ban is in effect, and it shall
be unlawful for any person, firm, entity or corporation to burn wood, trees, brush, refuse,
garbage or other combustible material within the corporate limits of the City of Huntsville
during any period in which a burn ban is in effect.
B. The following regulations will apply with regard to burning pursuant to a Burn Permit
issued by the Fire Marshal of the City of Huntsville, Texas:
(1) Burning on property used for residential purposes shall be within an incinerator,
receptacle or other suitable container capable of confining such burning therein and/or under
such conditions approved by the Fire Marshal and incorporated within the Burn Permit.
(2) Burning on property used for non - residential purposes or burning to clear property shall
be pursuant to the rules and regulations implemented by the Texas Natural Resources
Conservation Commission ( "TNRCC "), as amended.
(3) Any additional regulations or requirements stated in the City of Huntsville Burn Permit.
(4) It shall be unlawful for any person, firm, entity or corporation to burn combustible
material
in a manner inconsistent or contrary to the conditions and regulations contained in the Burn
Permit.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the City Council determines that it would have adopted this Ordinance without the invalid
provision.
SECTION 3: This Ordinance shall take effective immediately from and after the date of its
passage.
PASSED AND APPROVED THIS 9TH DAY OF JANUARY, 2001.
CITY OF HU SVIL ,TEXAS
William B. Green, Mayor
ATTYST:
o-
Danna Welter, City Secretary
APPROVED AS TO FORM:
aul C. Isham, City Attorney