HomeMy WebLinkAboutOrd 329-2007 Amending Ror. No. 250-2006 Regulating Open Burning.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 329-2007
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING
ORDINANCE NO. 260-2006; REGULATING OPEN BURNING WITHIN THE
CORPORATE LIMITS OF THE CITY OF ANNA; PROVIDING FOR
PERMITS FOR ALLOWABLE BURNS; PROVINDING FOR A PENALTY
NOT TO EXCEED $2,000; PROVIDING A REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has determined the need for revising the City's existing
International Fire Code; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. International Fire Code adopted.
The City Council hereby adopts the 2003 Edition of the International Fire Code. Copies
of the Code, and the amendments thereto, as referenced herein, are on file in the office
of the City Secretary for permanent record and inspection. The Mayor, or his authorized
representative, is hereby authorized and directed to enforce all provisions of the
International Fire Code, as adopted herein and as amended.
Section 2. Amendments.
The City Council hereby amends City of Anna Ordinance No. 250-2006 by adding
directly after Section 2 the following Section 2.A.:
Section 2.A. The City hereby amends the 2003 Edition of the international Fire
Code by deleting the following sections thereof: 105.6.31; 307.1 — 307A.
Section 3. Outdoor Burning Prohibited.
3.01 No person shall kindle or maintain any bonfire, rubbish fire or Outdoor bum or
authorize any such fire to be kindled or maintained upon any premises within the
City limits.
3.02 Exceptions:
1. If a violent weather condition destroys buildings, trees or other vegetation,
and clean-up is of the essence, the Fire Marshal may designate one or more
community bum locations where persons may transport storm debris for burning.
Ord. No. 329-2007 Ar ding Ord. No. 250-2006 Regulating Open Bundng 1 06-12-07
Burning of storm debris by occupants in residentially zoned areas may be
allowed if it can be demonstrated to the Fire Marshal that burning would
substantially expedite the Wean -up, and if no practical alternative exists.
2. Outdoor burning shall be authorized for training fire -fighting personnel
when such burning is otherwise authorized by State law and permitted by a local
air pollution control agency or the TCEQ or its successor.
3. Outdoor fires are allowed for cooking, provided such fire is built and
maintained in a pit that fully contains the fire, or a fireproof container such as a
barbeque pit or chimenea, made of brick, stone, metal or other fireproof material
in such a manner as to prevent said fire from escaping. Such outdoor fires for
non-commercial food preparation do not require a bum permit. This subsection
does not permit or authorize the burning of waste or other matters not being
prepared for consumption.
3.03 Compliance with other laws. Any burning carried out under the exceptions herein
must conform to 2003 Edition of the International Fire Code when not in conflict
with this Ordinance, State law and to TCEQ or successor Rules and shall not be
conducted on any: (1) Ozone Action Day designated by the TCEQ or its
successor, or (2) day in which there is in affect an order issued by Collin County
that prohibits outdoor burning in unincorporated areas of Collin County due to
drought conditions.
3.04 The authority to conduct outdoor burning under this regulation does not exempt
or excuse any person responsible from the consequences, damages, or injuries
resulting from the burning and does not exempt or excuse anyone from
complying with all other applicable laws or ordinances, regulations, and orders of
governmental entities having jurisdiction, even though the burning is otherwise
conducted in compliance with this regulation. Any bum that results in nuisance
conditions must be extinguished regardless of whether the bum has been
permitted under this Ordinance or other law.
3.05 Unless otherwise expressly provided in this Ordinance, any burning intended to
be carried out under the exceptions herein may not occur until an application has
been submitted and a permit has been issued and signed by the Fire Marshal.
The permit fee shall be $50 per allowable bum. The application must be on a
form provided by the Fire Marshal and must describe with specificity the nature
and extent of the intended bum, along with the location of the bum and the name
of the individual(s) seeking authorization to conduct the bum. A permit must
describe with specificity the nature and extent of the bum permitted, along with
the location and the name of the individual(s) authorized to conduct the bum. A
permit becomes void after the expiration of 30 days after the permit is issued and
signed by the Fire Marshal, regardless of whether the bum has been initiated or
completed. Once a permit has become void, a new permit and payment of a
permit fee shall be required to conduct or continue a burn.
Ord. No. 3294007 Amending Ord. No. 250-2006 Regulating Open Buming 2 06-12-07
Section 4. Penalties.
A person commits an offense N the person violates this Ordinance, including without
limitation conducting an outdoor burn or maintaining a bonfire fire or rubbish fire within
the City's corporate limits without a properly issued permit. An offense of this Ordinance
is a Class C misdemeanor. Any person convicted of violating this Ordinance shall be
fined in an amount not to exceed $2,000.00 for each incident of violation. Each day of
the continuance of such violation shall be considered a separate offense and shall be
Where, in a specific case, this Ordinance and sections of the 2003 Edition of the
International Fire Code—as amended by this Ordinance --specify requirements that
conflict with requirements under other applicable sections of City of Anna Ordinances
or adopted codes, the most restrictive sections shall govern. Otherwise, all parts of any
other ordinance in conflict with the provisions of this Ordinance are to the extent of
such conflict hereby repealed.
Section 6. Savings Clause.
If any provision of this Ordinance shall be held to be invalid or unconstitutional, the
remainder of such Ordinance shall continue in full force and effect the same as if such
invalid or unconstitutional provision had never been a part hereof.
Section 7. Effective Date.
This Ordinance shall be effective upon the posting and/or publication of its caption as
required by law and the City Secretary is hereby directed to implement such posting
and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 12th day of June, 2007,
AYE 7 NAY 0 ABSTAIN
ATTESTED: APPROVED:
Secretary, Natha Wiikison ,°t( •••.f`fi,"Mayor, Kenneth Pelham
Ord. No. 329-2007 Amending Ord. No. 2NR,?o0&,Re9L4n9 (been Bunung 3 06-12-07