ORD 2001-29 - Trench Burning Permit 11-13-2001ORDINANCE NO. 2001-29
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 TRENCH BURNING AS THE ONLY PERMISSIBLE BURNING METHOD FOR
LANDCLEARING OPERATIONS, AND TO REQUIRE A BURNING PERMIT FROM THE
FIRE MARSHAL TO TRENCH BURN 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," Part B.
is hereby amended to hereinafter read as follows:
12.01.03 Burning within city limits; permit required; duties of fire marshal;
penalty for violation.
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 as part of a Landclearing Operation will be pursuant to a Burn
Permit authorizing the burning to be done by trench burning under the conditions set out in
Title 30 of the Texas Administrative Code, Part 1, Chapter 106, Subchapter V, Rule §
106.496, as amended from time to time. A copy of Rule § 106.496 may be obtained from
the Fire Marshal, the Director of Planning & Development or the City Secretary.
"Landclearing Operation" is defined as the uprooting, cutting, or clearing of vegetation in
connection with conversion for the construction of buildings, rights -of -way, residential,
commercial, or industrial development, or the clearing of vegetation to enhance property
value, access or production. It does not include burning pursuant to B. (1). The issuance of
a Burn Permit for trench burning is a discretionary function by the Fire Marshall and the Fire
Marshall may refuse to issue the Permit because of health, safety or ecological reasons.
(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 13TH DAY OF NOVEMBER, 2001.
CITY OF HUNTS ILLE, TEXAS
William B. Green, Mayor
A ST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
Paul C. Isham, City Attorney