ORD 731 04/25/2006 ORDINANCE NO. 7 31
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, PROVIDING
REGULATIONS FOR OUTDOOR BURNING; PROVIDING FOR A
PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2000.00) FOR VIOLATIONS; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF
THE CITY OF CIBOLO; PROVIDING FOR SEVERABILITY;
PROVIDING SAVINGS;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo,Texas, is a Home Rule Municipality located in Guadalupe County,
Texas, created in accordance with provisions of the Texas Local Government Code and operating
pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of
Texas; and
WHEREAS, the City of Cibolo,Texas, is governed by a Home Rule Charter that was approved by
the Citizens of Cibolo in a duly called election held on September 11,2004;and
WHEREAS, the City of Cibolo. Texas, is a home rule municipality empowered under the Texas
Local Government Code, Section 51.001, to adopt an ordinance or rule that is for the protection of
the health, safety and welfare of its citizens;and
WHEREAS, The City of Cibolo seeks to protect the citizens and their property from the possible
hazards of fire exposure;and
WHEREAS, the City of Cibolo wants to prevent the possible endangerment or discomfort to
pedestrians and the public;and
WHEREAS, the City of Cibolo wants to prevent the possible damage from fire to private and
public property;and
WHEREAS, the City of Cibolo has provisions for mechanical chipping, recycling, and municipal
trash service.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein and made part hereof
for all purposes.
SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of
the City of Cibolo,Texas.
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SECTION 3.
ORDINANCE PROVISIONS
That the following rules,regulations and procedures shall be adopted to read as follows:
Contents
Chapter 1 Definitions 3
Chapter 2 Outdoor Burning Regulated 4
Chapter 3 Permits Required for Outdoor Burning 4
Chapter 4 Kinds of Outdoor Burning Allowed under the Rule 4
4.1 Firefighter Training 5
4.2 Disposal or Land Clearing 5
4.2.1 Municipal Waste 5
4.2.3 Domestic Waste 5
4.2.4 Diseased Animal Carcasses
4.2.5 Animal Remains 5
4.2.6 Maintenance of Ways 5
4.2.7 Crop Residues 6
4.3 Prescribed Bums 6
4.4 Pipeline Breaks and Oil Spills 6
4.5 Recreation, Ceremony or Cooking 6
Chapter 5 Other Exemptions under the Rule 7
Chapter 6 Practical Alternatives to Burning Waste 7
Chapter 7 Liability 7
Chapter 8 Penalties for Violation 7
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Chapter 1 Definitions
The following words, terms, and)phrases when used in this Ordinance shall have the meanings
ascribed to them except where the context clearly indicates a different meaning.
A. Extinguished—The absence of any visible flames,glowing coals, or smoke.
B. Land clearing operation — The uprooting, cutting, or clearing of vegetation in connection
with the maintenance of right-of-ways on or through residential, commercial, or industrial
development. It does include the maintenance-burning of on-site property wastes such as fallen
limbs, branches, or other wastes from routine property cleanup activities, it includes burning
following clearing for ecological restoration.
C. Open Burning (Outdoor Burning) — The burning of materials wherein products of
combustion are emitted directly into the ambient air without passing through a stack or chimney
from an enclosed chamber. Open burning does not include road flares, smudgepots and similar
devices associated with safety or occupational uses typically considered open flames or
recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed
when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys
necessary to provide combustion air and permit the escape of exhaust gas are open. Specifically,
Open Burning shall exclude burning within a barb eque grill, barb eque pit, outdoor fireplace,
chiminea,covered fire barrel, or for recreational fires as defined in F. below.
D. Practical alternative — An economically, technologically, ecologically, and logistically viable
option.
E. Prescribed burn — The controlled application of fire to naturally occurring vegetative fuels
under specified environmental conditions and confined to a predetermined area, following
appropriate planning and precautionary measures.
F. Recreational Fire — An outdoor fire burning materials other than rubbish where the fuel
being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit
and has a total fuel area of three (3) feet (914 mm) or less in diameter and two (2) feet (610 mm)
or less in height for pleasure,religious, ceremonial,cooking or similar purposes.
G. Rubbish (Household trash) — Nondecayable wastes including debris, tin cans, bottles, papers,
grass and weed cuttings, paper boxes, and decayable waste, except body waste, including meat,
vegetable, and fruitrefuse and carcasses of small animals.
H. Structure containing sensitive receptor(s) — A man-made structure urili7ed for human
residence or business, the containment of livestock, or the housing of sensitive live vegetation.
The term "man-made structure" does not include such things as range fences, roads, bridges,
hunting blinds, or facilities used solely for the storage of hay or other livestock feeds. The term
"sensitive live vegetation" is defined as vegetation which has potential to be damaged by smoke
and heat, examples of which include, but are not limited to: nursery production, mushroom
cultivation,pharmaceutical plant production, or laboratory experiments involving plants.
I. Sunrise/Sunset—Official sunrise/sunset as set forth in the United States Naval Observatory
tables available from National Weather Service offices.
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J. Wildland — Uncultivated land other than fallow, land minimally influenced by human
activity, and land maintained for biodiversity, wildlife forage production, protective plant cover,
or wildlife habitat.
Chapter 2 Outdoor Burning Regulated
This ordinance establishes rules, regulations and requirements pertaining to outdoor burning
within the corporate limits of the City of Cibolo. Outdoor burning is generally prohibited as
specified in this Ordinance, however, specific exceptions to the prohibition on outdoor burning
are provided for specific situations in which burning is necessary or does not pose a threat to the
environment or public health and safety and as specified by this Ordinance. This Ordinance
also establishes certain requirements in order to protect the environment and avoid adverse
environmental impacts when burning is allowed.
The rules, regulations and requirements established by this Ordinance are in addition to any
other applicable rule, regulation or requirement of Guadalupe County, the State of Texas, or the
Federal government.
Chapter 3 Permits Required for Outdoor Burning
3.1 An outdoor burning permit is required for the kindling or maintaining of an open fire or a
fire on any public street, alley, road, or other public or private ground. Instructions and
stipulations of the permit shall be adhered to. The Fire Marshal may revoke this authorization at
any time if there is a possibility of an unsafe condition. •
3.2 Burning shall not be allowed any earlier than one hour after sunrise, and shall end the same
day, no later than one hour before sunset. Burning shall also be conducted in a responsible
manner.
Example
• If sunrise is at 6:18 a.m., you can start burning no earlier than 7:18 a.m. If sunset is at
8:39 p.m.,you must finish no later than by 7:39 p.m.
3.2 This Ordinance does not exempt or excuse any person responsible for the ignition or
maintenance of a bum from the consequences, damages, or injuries resulting from the burning,
nor does it exempt or excuse anyone from complying with all federal, state, and local ordinances
and laws.
3.3 Outdoor burning shall comply with the Open Burning section of the International Fire Code
in addition to any and all requirements and conditions established by this Ordinance.
Chapter 4 Kinds of Outdoor Burning Allowed under the Rule
As stated above, the Outdoor Burning Rule prohibits most outdoor burning in the City of
Cibolo, but allows exceptions for a number of specific situations. The exceptions to the general
ban on outdoor burning fall under five general categories.
• Firefighter Training
• Disposal or Land Clearing
• Prescribed Bums
• Pipeline Breaks and Oil Spills
• Recreation, Ceremony, or Cooking
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4.1 Firefighter Training
Governmental entities and businesses that engage in firefighter training must obtain
authorization to conduct outdoor burning for training purposes. To obtain authorization, the
entity responsible for the training must send a written request to the City Fire Marshal.
If outdoor burning occurs regularly-at a dedicated training facility, it may be possible to notify
the Fire Marshal's office of all such training events with one annual written request. If a
dedicated facility conducts training regularly, but less frequently than weekly, a telephone or fax
notification will be necessary twenty-four (24) hours in advance of each event.
The Fire Marshal may revoke this authorization if it is used to avoid complying with other
portions of the Outdoor Burning Rule. Otherwise,burning conducted to train firefighters does
not have to conform to the general requirements for other forms of allowable outdoor burning.
4.2 Disposal or Land Clearing
There are six (6) categories of fires for disposal or land clearing,as described below.
4.2.1 Municipal Waste
The City of Cibolo may burn brush that is collected at a site that it owns after obtaining site
and burn approval from the Fire Marshal's Office.
4.2.2 Domestic Waste
Burning of domestic waste (household trash or rubbish)is prohibited.
4.2.3 Diseased Animal Carcasses
Diseased animal carcasses may be burned when burning is the most effective means of
controlling the spread of disease. The general requirements for outdoor burning do not
apply to this exception.
Animal carcasses may be burned on properties containing two (2) acres or more when it is
suspected that they are diseased and when burning is the most effective means of destroying
the carcass to'control the spread of disease.
4.2.4 Animal Remains
Animal remains and associated waste materials may be burned by a veterinarian under the
following conditions:
• the veterinarian-is currently licensed to practice veterinary medicine
• the burning is conducted on property owned by the veterinarian
• the animal was previously treated by the veterinarian, or owned by a current or
previous customer of the veterinarian
• the associated waste material does not include sharps or other unburnable items
4.2.5 Maintenance of Ways
Trees, brush, limbs, and other plant overgrowth may be burned to maintain rights-of-way,
drainage/water ways, or to maintain the banks of water canals when there is no practical
alternative as specified in Chapter 6 of this Ordinance and when the materials generated
from the property are located in an area determined to be safe and as approved by the Fire
Marshal. Burning carried out under this condition must conform to all of the general
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requirements for outdoor burning and must not produce adverse effects for structures
containing sensitive receptors.
4.2.6 Crop Residues
When there is no practical alternative as specified in Chapter 6 of this Ordinance, crop
residues may be burned for agricultural management. This burning must meet the same
conditions as maintenance bums,unless an order of enforcement specifically for the crop in
question establishes other conditions. Burning related to agricultural crops during a ban
would be authorized only when the burning is absolutely necessary and intrinsic to the
harvesting of an existing crop, such as is the case with sugarcane production. Authorization
would be granted on a case-by-case basis for post-harvest burning, or burning related to
preparation for subsequent planting.
4.3 Prescribed Bums
As regulated by the Texas Commission on Environmental Quality (TCEQ) prescribed bums
may be used to manage forests, rangeland, wildland and wildlife. All of these forms of burning
are subject to the general requirements for allowed burning.
4.4 Pipeline Breaks and Oil Spills
In the case of pipeline breaks or oil spills, the pipeline operator shall notify the City Fire Marshal
as early as practicable and shall also notify the appropriate Texas Commission on Environmental
Quality (TCEQ) regional office as required by State law, rule, regulation or procedure. Once
notified of the spill, the Texas Commission on Environmental Quality (TCEQ) regional office
staff will decide whether burning is necessary to protect the public welfare. If permission tc
burn is authorized by the Texas Commission on Environmental Quality (TCEQ), the pipeline
operator shall apply to the City Fire Marshal for a burning permit prior to the bum. Sampling
and monitoring to determine and evaluate environmental impacts also may be required as a
condition of the burning permit as determined by the City Fire Marshal and will be the
responsibility of the permit holder.
The permit may be revoked at any time if the burning is found to cause a nuisance, violate any
provision of the permit, cause a violation of any air quality standard, or not conform to any
conditions or specific procedures established by the Fire Marshal.
4.5 Recreation, Ceremony or Cooking
Outdoor burning is allowed when used exclusively for recreational or ceremonial purposes.
Outdoor burning is also allowed for the non-commercial preparation of food on lots or tracts of
land containing at least 43,560 square feet (1 acre). In other words, cooking fires are allowed on
lots or tracts containing a minimum of one (1) acre. No permit is required for this type of
burning. Fires built under this section shall not contain electrical insulation, treated lumber,
plastic, construction or demolition material not made of wood, heavy oil, asphaltic material,
potentially explosive material, chemical waste, or items containing natural or synthetic rubber
and shall not be located nearer than one hundred feet (100') of any property line.
Page 6 of 8
Chapter 5 Other Exemptions under the Rule
5.1 Situations Not Covered in the Rule
If a situation seems to require outdoor burning but is not covered by the exceptions stated
previously, permission to bum may be requested. In considering whether to approve such a
request,the Fire Marshal's Office, or Fire Department representative acting on behalf of the Fire
Marshal,will consider:
• whether there is a practical alternative,
• whether the burning will cause or contribute to a nuisance or traffic hazard,and
• whether the practice will violate any federal, state, or local provisions.
Such an authorization may require that certain procedures be followed to control or abate
emissions. The authorization may be revoked at any time if the burning is found to cause a
nuisance, violate any provision of an applicable permit, cause a violation of any air quality
standard, or not conform to any conditions or specific procedures established by the Fire
Marshal or the Fire Department representative acting on behalf of the Fire Marshal through the
authorization for the outdoor burn.
•
Chapter 6 Practical Alternatives to Burning Waste
The following methods can sometimes serve as practical alternatives to burning as a means to
dispose of waste.
6.1 Landfills
Some landfills have recycling centers, with chippers for wood waste and collection bins for
paper,plastic,and glass. Certain small,local landfills (Type IV) accept brush.
6.2 Mechanical Chipping or Mulching
This could be the first step in composting wastes, or the mulch that is produced could be used
as is to enrich soil and help it retain moisture. Many local governments have saved money in
park maintenance expenses by using mulch produced from discarded brush. If the material
cannot be used as a landscape mulch, chipping can still be useful by reducing the volume of
waste that must be disposed of by some other means.
Chapter 7 Liability
The Fire Marshal, officer or employee charged with the enforcement of this code, while acting
for the City of Cibolo, shall not thereby be rendered liable personally, and is hereby relieved
from all personal liability for any damage accruing to persons or property as a result of an act
required or permitted in the discharge of official duties.
Chapter 8 Penalties for Violations
Any person violating any of the provisions of this Ordinance or failing to observe the any of the
provisions hereof, upon conviction shall be deemed guilty of a misdemeanor and shall be fined, in a
sum not to exceed two thousand ($2000.00) dollars for each offense, and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
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Section 4
Cumulative Clause
That this ordinance shall be cumulative of all provisions of the City of Cibolo,Texas, except where
the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in
which event the more restrictive provision shall apply.
Section 5
Severability
That it is hereby declared to be the intention of the City Council of the City of Cibolo that the
phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences,paragraphs or sections of this Ordinance,
since the same would have been enacted by the City Council without incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section.
Section 6
Savings
That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of
the provisions of any Ordinances affecting outdoor burning, which have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such Ordinances, same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
Section 7
Effective Date
This Ordinance shall become effective upon passage by the City Council and after having been published
twice in its entirety or in summary form or by publishing the caption of this ordinance twice in the City of
Cibolo's Official Newspaper.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of N for to_ U against this g-5 day of F1pri I ,2006.
APPROVED:
ArrEST: 11I«.�L►' �''
f. s .;irtton,Mayor
Peggy Cimics, City Secretary
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