ORD CC 02/25/75 - Prohibiting Trash BurningORDINANCE NO. 7
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ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS,
BY ADDING A NEW SECTION TO BE NUMBERED SECTION
8 -9, PROHIBITING THE BURNING OF ANY TRASH,
REFUSE, OR OTHER COMBUSTIBLE MATERIAL WITHIN
THE CORPORATE LIMITS OF THE CITY OF HUNTSVILLE
OTHER THAN WITHIN AN INCINERATOR, RECEPTACLE
OR OTHER SUITABLE CONTAINER CAPABLE OF CONFINING
SUCH BURNING UNLESS FIRST OBTAINING A PERMIT
FOR SUCH BURNING, PROVIDING A PENALTY FOR VIOLATION,
DECLARING AN EMERGENCY, AND EFFECTIVE DATE.
WHEREAS, the City Council of the City of Huntsville,
Texas, heretofore on the 6th day of September, 1960, adopted
an ordinance prohibiting the indiscriminate burning of trash
or rubbish within the corporate limits of the City, which ordi-
nance was inadvertently omitted when all ordinances of said City
were codified in the Code of Ordinances of said City, but which
ordinance is still required for the purpose of prohibiting the
open burning of trash, refuse or other combustible material be-
cause of the danger of such open fires spreading and causing
damages or destruction of property within said City, said ordi-
nance being considered necessary in the general interest of the
public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS, that Chapter 8 of the Code of
Ordinances of the City of Huntsville, Texas, be amended by adding
thereto a new section to be numbered Section 8 -9 entitled Trash
burning - prohibited, which said section shall read as follows:
Section 1: Section 8 -9.
(a) It shall hereafter be unlawful for any person, firm
or corporation to burn'any trash, refuse or other
combustible material within the corporate limits of
the City of Huntsville other than in or within an
incinerator, receptacle, or other suitable container
capable of confining such burning therein unless such
person, firm or corporation first obtains a burning
permit from the Fire Marshal of the City of Huntsville.
(b) Any person, firm or corporation desiring to burn trash
or refuse outside in an appropriate incinerator, re-
ceptacle or other container within the corporate limits
of said City shall apply to the Fire Marshal of the City
of Huntsville at least 24 hours in advance of such in-
tended burning for a permit for open fires. The Fire
Marshal shall only issue such permit after an inspection
is made of the premises upon which said fire is intended
•
to be maintained and a determination made by the
Fire Marshal that any open fire or burning of trash
or refuse shall not unnecessarily endanger any other
property or improvements. Any fires for which a
permit is issued shall not be left unattended during
the period of burning and burning shall be during
daylight hours only and not during any hours of darkness.
If the fire Marshal determines that said open fire can
not be safely controlled or will not be supervised
during the period of burning, he shall not issue such
permit.
(c) At the time any person, firm or corporation makes
application for a burning permit, he shall pay a fee
of $5.00, which fee the Fire Marshal shall promptly
transmit to the Finance Department of the City of
Huntsville for purposes of defraying the expense of
inspection and cost of issuing such permit.
(d) Any person, firm or corporation violating the terms
of this ordinance shall, upon conviction, be deemed
guilty of a class C misdemeanor and, upon conviction,
shall be punished as provided in Section 1 -8 of the
Code of Ordinances of the City of Huntsville, Texas.
Section 2: BE IT FURTHER ORDAINED,
The danger to the citizens of the City of Huntsville,
Texas, posed by the indiscriminate burning of trash
and refuse is deemed to be an emergency necessitating
the immediate effectiveness of this ordinance relative
to the issuance of permits as provided herein, and en-
forecement of the provisions regarding punishment for
violation hereof upon publication of said ordinance as
required by the Charter of the said City and it is
so ordained that said ordinance be effective from and
after the date hereof.
1975.
ATT
PASSED AND APPROVED on this the ,251day of February,
THE Y OF HUNTSVILLE, TEXA
yd-e>,1/1.-
d�e/ /, . �ire./ir- • ORRIS I. WALL, • Mayor
RUTH DeSHAW, City Secretary
PROVED AS TO F
MARTIN D. COLLEY, City
Attorney