(A) Burning prohibited; exceptions.
(1) The City of Pleasanton, Texas, institutes a total burn ban for the entire city which is in effect year round. This shall also be applicable and in force within the area immediately adjacent and contiguous to the city limits extra territorial jurisdiction (ETJ) which extends for a distance outside the city limits for a total of 5,280 feet, and it shall be unlawful to do or perform any action in violation of this section within such area of 5,280 feet outside the city limits. The city prohibits any outdoor burning, and it shall be unlawful for any person to cause, suffer, allow, or permit any outdoor burning inside the city.
(2) (a) The exceptions, per Texas Commission on Environmental Quality (TCEQ) regulation, to this rule are as follows:
1. Firefighter training.
2. Fires for recreation, ceremonies, cooking (non-commercial), or warmth.
3. Fires for disposal or land clearing (only if other practical disposal alternatives do not exist).
4. Prescribed burns.
5. Other situations that may require burning and are not covered by other exemptions.
(b) All of the above exemptions require a permit issued by the City Fire Marshal except the exemption for cooking.
(B) Actions prohibited. A person violates this section and state law if he or she bums any combustible material. Fires for cooking shall only be allowed in an approved outdoor cooking appliance.
(C) Smoke. It shall be unlawful for any person within the city limits, in any way, to intentionally, negligently, recklessly, or carelessly burn or cause to be burned any combustibles which causes noxious smoke or smoke of a significant quantity or quality to be released so as to inhibit the use and enjoyment of neighboring properties. Burning in violation of this division is hereby declared a nuisance and is hereby prohibited.
(D) Enforcement. The civil and criminal provisions of § 91.05 shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of § 91.05 to interfere with a firefighter in the performance of his or her duties. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. If, in the opinion of the officer on the scene and/or the Fire Chief the goal of prohibitions established by § 91.05, the officer may, at his discretion, notify the party about the provisions of § 91.05 and request compliance with it. In such instances, an entry of this notification shall be made in his or her log, and notice containing the date, time, and place of the warning shall be forwarded to the office of the city judge.
(Ord. 13-1083, passed 5-16-2013) Penalty, see § 91.99
Cross-references:
Nuisances in general, see Ch. 95