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Home My WebLink About145 05-23-1961ORDINANCE NO. 145 AN ORDINANCE TO PROMOTE PUBLIC SAFETY By PROVIDING METHODS OF CONTROL AND PREVENTION OF TRASH BURNING: DEFINING CERTAIN TERMS, WORDS, AND PHRASES REQUIRING CITY APPROVED TRASH BURNING INCENERATORS AND THE PRO- PER USE THEREOF; PROHIBlTING OPEN FIRES; PROHIBITING THE BURNING OF SUBSTANCES PRODUCING OFFENSIVE ODORS ADID PROHIBITING FIRES ON PUBLIC PROPERTY; ESTABLISH- ING DUTIES OF AND GRANTING ADMINISTRATIVE AUTHORITY TO THE FIRE MARSHAL; REPEALING ALL ORDINANCES AND PARTS OF O DISTANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR THE VIO- LATIO OF THIS ORDINANCE BY FINE OF NOT MORE THAN $200.00 AND PROVIDING THAT EACH DAY OF SUCH VIOLATION SHALL CONSTITUTE SEPARATE OFFENSE; AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT UPON ITS ADOPTION AND PUBLICATION AS IS BY LAW PROVIDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULFcS, TEXAS: I. Definitions: Trash: The term "trash" as used in this Ordinance shall include weeds, grass, leaves, paper, rags, boxes, lumber or scraps of lumber, logs, trees, and any other combustible matter. II. Accumulation of Trash as Nuisance: An accumulation of trash is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation, owning or having under their control any property within the corporate limits of the City of Euless to fail or refuse to remove or destroy an accumulation of trash on such property within ten days after having been notified in writing to do so by th-- Fire Marsral, III. Incinerators: Except as other��.� -o herein r,- 9.ded, it shall be unlawful to burn trash cut-of-dc r' in .. incinerator of a type whice has been approvk� via -sha?. and in no event shall the vent open -ngs in such incinerators exceed one inch (1 ") in diameter, or the equivalent thereof. luch incinerators shall be located and used so that the smoke therefrom shall not become a nuisance to the occupants of surrounding prom -rty or create a fire hazard. In no event shall such incinerators be located within ten feet (101) of any building or structure on the property owned or controlled by the person, firm or corporation operating such incin- erator, nor within twenty -five feet (251) of any other building or structure; provided, however, that in cases where such location or requirements would constitute a bona fide hardship, the Fire Marshal may, in writing, grant such adjustment to the location requirements as may be consistent with accepted fire prevention practice and the general intent and purpose of this Ordinance, and subject to such additional safe?uards and restrictions as may be deemed advisable. IV. Burning of Trash: It shall be unlawful to burn trash out- of-doors except in the manner provided in Pararaph III, above, until the same has been raked or placed in a pile of such size anC! location that the smoke therefrom will not constitute a nuisance to the occupants of surrounding property and that the fire therefrom will not constitute a hazard; and in no case will trash be burned in the manner provided for in this section within twenty- five feet (251) of a building or oticr sl�ructu_rc,; provided, however, that in cases where such location rnr irerr.:nc a!d create a bona fide bards' ^ip, the Fire ITarshal Y^- , _arjtin m. ^ant such adjust- ment to the location requir: '. t:, be cons; -atcnt with accepted fire prevention practice and the eneral intent and purpose of this Ordinance, and subject to such additional safeguards and restrictions as may be deemed advisable; and provided further that grass, weeds and the like may be burned without cutting anc. piling if a written permit is first obtained from the Fire Marshal. Such permit shall be issued only if, in the opinion of the Fire Marshal, such fire will not create a hazard to surrounding property and the smoke there- from will not become a nuisance to the occupants of same. It shall be the responsibility of the permitee to adequately supervise and guard such fires from inception until they are absolutely dead or have been completely extinguished. V. Open Fires Prohibited During Cort =?in Specified Hours: No open fires of any nature whatsoever shall b., permitted out -of -doors from one hour before sunset to one hour after sunrise. For the purpose of this section, the incinerator fires referred to in Paragraph 111 hereof shall not be considered an open fire. III. Burning of Substances Producing Offensive Odors Prohibited: T;,o burning of oarbaae, rags, fabrics, feat'..�ors, petroleum products, .`ber or any other substance which, when burned, produces a foul, o.ione or offensive odor, or hegvtr smoke, is hereby prohibited. VII. 'Fires on Public P ^operty Prnhi'i dt T :L =_l b,, unlawful for an,* persc-, firm or corporation to :' have lighted, or maintain any fire on public property. ne 'in; .at not 11 -ited to streets, alleys or thoroughfares. VIII. Every section of this Ordinance and every provision of each section is hereby declared to be an individual section or provision and the holding of any section or provision of any section to be void, ineffective or unconstitutional for any cause whatever shall rot be deemed to affoct any other section or provision Hereof. IX. All prior Ordinances or parts of such Ordinances in conflict herewith shall be and they are hereby repealed. X. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fired in any sum not more t' "`200.00. Each day a violation under this Ordinance continucc shall constitute a separate and distinct offense. {I. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as required by later„ ADOPTED this 23rd. day of Pray, 1961. ATTE" T s 'N.E. Flippo (Signed on original)- city Secretary APPnOVED: J.S. Anderson (Signed on original) Mayor, City of Euless