HomeMy WebLinkAbout1415 03-28-2000ORDINANCE NO. 1415
AN ORDINANCE AMENDING SECTION 34 -105 OF CHAPTER 34 OF THE
CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS AND
AMENDING CERTAIN PROVISIONS OF THE UNIFORM FIRE CODE
PERTAINING TO OPEN BURNING AND RECREATIONAL FIRES;
PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, it has been determined that open fires constitute an exceptional fire and life
safety hazard within the community; and
WHEREAS, such determination along with the odor of smoke being generated by such fires
is offensive to some persons in the vicinity and creates a public nuisance; and
WHEREAS, certain residual effects of some open fires create a public health concern;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
Section 34.105. entitled "Amendments to the Fire Code." of Chapter 34 of the Euless
Code of Ordinances is amended by the addition of a new paragraph "(15.75)" to be and read as
follows:
"(15.75) "Section 11.203 and Section 11.204 are repealed to be replaced by anew Section
11.203 to be entitled "Open Burning and Recreational Fires" to be and hereafter read as follows:
"Open Burning and Recreational Fires. (a) General. It shall be unlawful to conduct any
open burning or recreational fire within the corporate limits of the City of Euless.. It being the intent
of this Section to prohibit the burning of any combustibles upon level ground or in a ditch, trench,
hole, including cut or uncut grass, weeds, leaves, wood, timber, trash, rubbish, or other natural or
synthetic materials. Such prohibited fires shall include bonfires and fires used for ceremonial
purposes.
EXCEPTIONS:
(1) Open burning will only be authorized if conducted utilizing a below ground
mechanical trench burning device approved by the Texas Natural Resources
Conservation Commission (TNRCC) and the Fire Marshal of the City of Euless.
(2) Mechanical trench burning permits must be obtained through the TNRCC and the
Euless Fire Marshal's office prior to any startup operations. All mechanical trench
burning operations must be conducted in accordance with the rules and regulations
outlined by the Euless Fire Marshal and other governmental agencies regulating
emissions. Mechanical trench burning permits may be revoked for failure to comply
with permit restrictions, extreme dry weather conditions, wind conditions, or where
any life, health or other hazards are indicated to any person or property.
(3) Burning may be conducted for the purpose of preparing food when such fire or
burning takes place within an appliance or device that is designed or constructed for
such purpose. The appliance or device being used for cooking or heating shall be
located or positioned in such a manner that it does not constitute a fire or smoke
emission hazard to any person or property, and such device shall be attended by an
adult who is knowledgeable in the use and operation of such appliance or device.
The Chief is authorized to require immediate discontinuance if the chief determines
that smoke emissions are offensive to occupants of surrounding property or if the
burning is determined by the chief to constitute a hazardous condition."
Section 11.205 entitled "Commercial Barbeque" is renumbered as Section 11.204.
II.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
III.
Saving Clause. That Chapters 34 of the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the
Euless City Council on the 28th day of March , 2000; by a vote of 7 ayes, _() nays
and 0 abstentions.
APPROVFD:
L-11) , �u 0��
Mary Lib Maleh, Mayor
ATTEST:
n Crim, C C, City Secretary
APPROVED AS TO FORM:
Bob McFarland, City Attorney
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