HomeMy WebLinkAbout1741 06-27-2006ORDINANCE NO. 1741
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING
CHAPTER 34, ENTITLED "FIRE PREVENTION AND PROTECTION" OF
THE CODE OF ORDINANCES OF THE CITY OF EULESS, BY ADDING
A NEW SECTION 34 -135, ENTITLED "SPECIAL PROVISIONS FOR
PERIODS OF EXTREME FIRE DANGER ", PROVIDING PROHIBITIONS
ON THE USE OF OPEN FLAMES, BURNING AND OTHER
HAZARDOUS OUTDOOR ACTIVITIES WHEN A HIGH FIRE HAZARD
EXISTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas, is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City wishes to amend Chapter 34, "Fire Prevention and
Protection ", of the Code of Ordinances of the City of Euless, Texas, as amended, to
allow for the regulation of outdoor cooking, welding and other hazardous activities when
a high fire danger exists; and
WHEREAS, the City Manager and his staff have recommended these changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I
THAT Chapter 34, entitled "Fire Prevention and Protection, of the Code of
Ordinances of the City of Euless, Texas, be and the same is hereby amended by the
addition of a new Sec. 34 -135, entitled "Special Provisions for Periods of Extreme Fire
Danger", to hereafter be and read as follows:
"Sec. 34 -135. Special Provisions for Periods of Extreme Fire Danger — A
person shall not commit the following acts during a period of time when the City
Council of the City of Euless, by adoption of an appropriate resolution, shall have
imposed a burn ban within the corporate limits of the City of Euless due to
weather conditions which create a high risk of outdoor wildfires:
(a) A person shall not operate an outdoor cooking appliance other than grills
which are fueled by electricity, gas or charcoal.
(b) Outdoor cooking appliances shall not be operated on or within five feet of
a combustible surface, or over vegetation unless said vegetation is
adequately wetted prior to the cooking operation and a charged water
hose is kept within 15 feet of the cooking appliance.
(c) A person shall not operate any device including grills, cooking pits,
outdoor fireplaces, fire rings or similar devices that use an open flame and
are capable of releasing sparks or embers into the atmosphere.
(d) A person shall not perform any outdoor burning.
(e) The use of grills at city park facilities is prohibited.
(f) A person shall not conduct a cutting or welding operation outside of
specific guidelines as may be imposed by the fire marshal, including
specific time and weather requirements, special fire watch requirements,
pre- wetting requirements and other actions as may be deemed necessary
by the fire marshal. A special permit program is in effect for cutting and
welding operations during periods of bum bans. A written authorization is
required from the fire marshal's office approving the operation and listing
any special requirements prior to work commencing.
(g) Discarding of cigarettes or other burning or heated materials in a manner
that could cause a fire is prohibited."
SECTION If
PENALTY. Any person, firm or corporation violating any of the terms and
provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in accordance with Chapter 1, Sec. 1 -12, Euless Code
of Ordinances. Each such violation shall be deemed a separate offense and shall be
punishable as such hereunder.
SECTION III
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council of the City of Euless 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, or 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.
SECTION IV
SAVINGS CLAUSE. Chapter 34 of the Euless Code of Ordinances as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
Ordinance No. 1741, Page 2 of 3
SECTION V
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED ON
meeting of the Euless City Council on th e
ayes, 0 nays, and 0 _abstentions.
APPROVED:
kyj F-79 M -3ffl -ehM a yor
ATTEST:
Susan Crim, R C, City Secretary
APPROVED AS TO FORM:
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Ordinance No. 1741, Page 3 of 3
FIRST AND FINAL READING at a regular
27"' day of June, 2006, by a vote of 7