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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