Nothing contained in this chapter shall be construed as permitting any burning in violation of any rule, regulation or order of the State Clean Air Act or Texas Commission on Environmental Quality (TCEQ) rules and regulations.
(A) It is unlawful for a person to commence or conduct outdoor burning when wind direction and other meteorological conditions are such that smoke and other pollutants will cause adverse effects to any public road, landing strip, navigable water or off-site use.
(B) If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, the person initiating the burn must post flag persons on affected roads in accordance with the requirements of the State Department of Transportation and the State Department of Public Safety.
(C) It is unlawful for a person to conduct outdoor burning during periods of actual or predicted persistent low-level atmospheric temperature inversions or in an area covered by a current air stagnation advisory.
(1) The initiation of outdoor burning shall commence no earlier than one hour after sunrise.
(2) Outdoor burning shall be completed and the fire completely extinguished on the same day not later than one hour before sunset.
(3) The open burning shall be attended by a responsible party at all times.
(Ord. passed - -2007) Penalty, see § 92.99