Ord 69-2011 12/6/2011 ORDINANCE NO. 69-2011
Ordinance Amending Sections 90-35, 48-71, And 48-72 Of The Code
Of Ordinances Of The City Of Wichita Falls To Authorize The Fire
Chief To Allow The Burning Of Trees And Brush On Properties That
Are In Floodways Or Exceed 50 Acres In Size And Provide For Fees
Related To Burning; Providing A Penalty Not To Exceed $2,000 Per
Violation; And Providing For Codification
WHEREAS, the presence of excessive amounts of brush and trees on large
tracts of land constitutes an extreme fire danger and hazard to public health and safety
during hot and dry conditions;
WHEREAS, the presence of excessive amounts of brush and trees in the
regulatory floodway causes upstream flooding, endangering lives and property;
WHEREAS, the City Council finds that public safety is served by allowing the Fire
Chief to balance the danger of fire during times of limited fire danger against the
dangers of fuel loading and excessive vegetation in the floodplain; and
WHEREAS, the City Council finds this ordinance is intended to be consistent with
the Texas Clean Air Act and the requirements of TExAs ADMINISTRATIVE CODE
§111.219(3)7 (4)7 (6), and (7); and
WHEREAS, the City Council finds the fees established herein are reasonable
and are intended to provide for not more than an amount needed to reasonably
compensate the City for its cost of administering this ordinance and the programs for
which these fees are related.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Open Burning
Section 90-35 of the Code of Ordinances of the City of Wichita Falls is amended
to read as follows:
Section 90-35. Burning Prohibited unless Pursuant to Permit issued by
Fire Chief
(a) It shall be unlawful for any person to burn municipal solid waste or yard waste
within the City limits.
(b) The Fire Chief may issue a Permit to Burn Trees & Brush to the owner of a
property exceeding 50 acres within the City or property located in the floodway
(as depicted on the Flood Insurance Rate Map issued by the Federal Emergency
Management Agency), conditioned on compliance with the requirements of the
Fire Chief that are shown on the face of said permit and the following provisions:
(1) Any open burning shall occur at least 500 feet from any residence;
(2) Any open burning shall occur only on the day and time and exact
locations shown on the face of the permit;
(3) All open burning shall be closely supervised on the site of the burning
by personnel equipped to promptly extinguish all fires started pursuant to
the permit;
(4) All open burning shall be conducted in compliance with all state
requirements concerning air pollution, including, but not limited to, Texas
Administrative Code §111.219(3)7 (4)7 (6), and (7); and
(5) Open burning material shall consist only of trees, brush, grass, leaves,
branch trimmings; and other plant growth generated from the property
upon which the burning is occurring.
(c) The Fire Chief may refuse to issue a Permit to Burn Trees & Brush if the Fire
Chief determines that open burning pursuant to said permit will pose an
unreasonable risk of conflagration, danger to neighboring property, air pollution,
or other danger to health or safety.
(d) It shall be a defense to prosecution for a violation of this section and the open
burning provisions of the Fire Code adopted by this Code, including Section 307
of the Fire Code, that a person was burning in compliance with all conditions of a
Permit to Burn Trees & Brush issued pursuant to this section.
(e) This ordinance and the remainder of this Code is found to be consistent with
the Texas Clean Air Act (see Texas Health & Safety Code Chapter 382,
Subchapter E, Authority of Local Governments) and subsections (3), (4)7 (6) and
(7) of Texas Administrative Code §111.219.
2. Fire Department Fees
Sections 48-71 and 48-72 of the Code of Ordinances of the City of Wichita Falls
are amended to read as follows:
Sec. 48-71. Fire cost recovery.
The following fees shall be assessed and collected for the use or presence of
equipment and supplies in fire department responses to open burning permit
supervision, vehicle fires and accidents, hazardous material spills and releases,
and low water crossing rescues and rescue attempts:
a. For each response to an incident scene involving at least one fire apparatus
(engine, truck, rescue/Hazmat, manpower squad, command vehicle, mini-
pumper): $450.00 per day, with a one-day minimum;
b. The actual cost of any consumable used or partly used for the mitigation of
any hazardous materials spill or release; and
c. The actual cost of repairing or replacing any nonconsumable item damaged
during attempts to mitigate an incident covered under this section.
If a vehicle that is the subject of a response is covered by an automobile
insurance policy, the occupants of said vehicle will not be billed in accordance
with this section for the response, and the responsible vehicle's insurance
company will instead be billed for that response.
Sec. 48-72. Fire Department Permits.
(a) Pyrotechnic Display Permit. $100.00
(b) Other Fire Department Permits. $50.00
3. Penalty
This ordinance regulates fire safety, and violations thereof shall be punishable by
a penalty of up to $2,000 per violation and as provided by Section 1-14 of the Wichita
Falls Code of Ordinances.
4. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
PASSED AND APPROVED this the 6th day of December, 2011.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #275192
ORDINANCE COUNTY OF WICHITA
NO.69-2011
Ordinance Amending
Sections 9035, 4871,
And 4872 Of The Code
Of Ordinances Of The
City Of Wichita Falls On this 191h day of December 2011 A D...
To Authorize The
Fire Chief To Allow personally appeared before me, the undersigned authority
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