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RES 1316 10/11/2005 CITY OF CIBOLO COUNTY OF GUADALUPE STATE OF TEXAS RESOLUTION# 1316 RESTRICTING OUTDOOR BURNING WHEREAS, the City's Fire Marshal's Office has determined that the lack of significant rain fall/dead vegetation brought on by summer weather has caused a high amount of dried vegetation that would promote a rapid fire spread;and WHEREAS, the City Council of the City of Cibolo has determined that circumstances present in all of the incorporated area of the City create a public safety hazard that would be exacerbated by outdoor burning; IT IS HEREBY ORDERED,by the City Council of the City of Cibolo that all outdoor burning is banned in the incorporated area of the City for 90 days beginning on the qday of Oc -X , 2005,unless the restrictions are extended or terminated earlier based on a determination made by the City Fire Marshal. This Order does not prohibit outdoor burning activities related to public health and safety that are authorized by the 2000 International Fire Code or the Texas Commission on Environmental Quality or for, (1)firefighter training; (2)public utility,natural gas pipeline or mining operations;(3)planting or harvesting of agricultural crops;(4)burning with a Special Burn Permit. A permit is required for all open outdoor burning allowed or prohibited. Failure to comply. Any person who shall continue burning after having been served with written notification of violation or a stop work order,except such as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than$100.00 dollars or more than $500.00 dollars,in addition too any other violation penalties. Violation penalties. In accordance with local City Ordinance 540 a violation of this order is a Class C misdemeanor,punishable by a fine of not more than two thousand($2,000.00)dollars, per violation,per day, and each violation shall be a separate offence, and each day the violation exists or occurs shall constitute a separate offence. That the City Secretary is hereby ordered and directed to cause this resolution to be published. AND IT IS SO ORDAINED. PASSED AND APPROVED BY THE CITY OF CIBOLO on this_1_/rday of G� ' 2005. �IjohnpOutton,Mayor Y nne Griffin, City Secr ai Page 1 of 1 Ordinance 540 International Fire Code §F307 OPEN BURNING §F307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section. §F307.2 Permit required. A permit shall be obtained from the code official in accordance with§F105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices,prevention or control of disease or pests,or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. §F307.2.1 Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed. §F307.2.2 Prohibited open burning. Open burning that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. The code official is authorized to order the extinguishment by the permit holder or the fire department of open burning which creates or adds to a hazardous or objectionable situation. §F307.3 Location. The location for open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure. EXCEPTIONS: 1. Fires in approved containers that are not less than 15 feet from a structure. 2. The minimum required distance from a structure shall be 25 feet where the pile size is 3 feet or less in diameter and 2 feet or less in height. §F307.3.1 Bonfires. A bonfire shall not be conducted within 25 feet of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition. §F307.3.2 Recreational fires. Recreational fires shall not be conducted within 25 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition. §F307.4 Attendance. Open burning,bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with§F906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand,water barrel,garden hose or water truck, shall be available for immediate utilization. §F307.5 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction. EXCEPTIONS: 1. One-and two-family dwellings. 2. Where buildings and decks are protected by an automatic sprinkler system. §F307.5.1 Liquefied-petroleum-gas-fueled cooking devices. LP-gas burners having a LP-gas container with a water capacity greater than 2.5 pounds(1.14 kg)[nominal 1 pound(0.454 kg)LP-gas capacity] shall not be located on combustible balconies or within 10 feet of combustible construction. EXCEPTION: One-and two-family dwellings. §F109.3 Violation penalties. Persons who shall violate a provision of this code, shall be guilty of a Class C misdemeanor, punishable by a fine of not more than$2,000.00 dollars.