HomeMy WebLinkAboutORD 2006-26 - Open BurningAn Ordinance of the City Council of the City of Georgetown, Texas
Amending Section 8.04.090 of the Code of Ordinances Regarding "Open
Burning" to Add a New Subsection Regarding Open Burning on
Certain Property Located in Areas Zoned as "AG" Agricultural;
Providing a Minimum Property Size, Requiring a Permit; and
Establishing Conditions and Restrictions on Such Burning; Repealing
Conflicting Ordinances and Resolutions; Including a Severability
Clause; Including a Penalty Clause; and Establishing an Effective Date.
WHEREAS, it is the desire of the City Council of Georgetown,. Texas to amend
Chapter 8, Section 8.04.090 regarding "Open Burning" as set forth herein; and
WHEREAS, the City Council of Georgetown, Texas has determined that open
burning on large tracts of land located within the City Limits in areas designated "AG"
Agricultural Zoning Districts can be effective if conducted in accordance with state laws
and regulations and the additional conditions and requirements set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
GEORGETOWN, TEXAS, THAT:
SECTION I: The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Century Plan Policy Statements - Goals and
Strategies:
7.0 Policy Statement: Citizens of Georgetown are well protected from crime and disorder,
natural disasters and emergencies.
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan,
the City Council hereby finds that the enactment of this Ordinance is not inconsistent
with or in conflict with any other Century Plan Policies.
SECTION 2: Chapter 8, Sec. 8.04.090 of the Georgetown Code of Ordinances related to
"Open Burning" is hereby amended to add a new subsection (C) relating to open
.
City of Georgetown Code of Ordinances
Amendment to Chapter 8, Section 8.04.090
Page I of 4
burning under certain circumstances on certain tracts of land designated "AG"
Agricultural Zoning District in accordance with state law and regulations as follows:
Sec. 8.04.090. Open burning.
A. The Code, Chapter 1 "Administration ", Section 105.6.31 "Open burning"
shall be deleted and replaced with the following:
"An operational permit is required for any type of open burning or
recreational fires within the city limits of Georgetown, Texas."
B. The Code, Section 307 "Open Burning and Recreational Fires" is deleted in
its entirety.
C. Open burning may be authorized on certain lands located in the City limits
under the following limited circumstances:
1. the land is
zoned
as
"AG" Agricultural
Zoning
District,
on
the
Official
Zoning Map
of the
City
of Georgetown,
Texas; and
2. an operational permit must first be obtained from the City of Georgetown
Fire Department. The property owner shall provide all necessary
information to the Fire Department, including, but not limited to, the
following: property location and description; total acreage of the
property; location of the proposed burn(s); size of the proposed burn(s);
locations of property lines; locations of structures; the proposed date
time (s) of the burn(s); contact information and any other reasonable
information requested by the Fire Department; and
3. the land upon which the burnine will occur must be at least fiftv (50
acres in size; and
4. the area of the burn(s) must be at least three hundred (300) feet from any
structure and three hundred (300) feet from the closest property line and
not on any public road, alley, gutter, street or right of way; and
5. the landowner must provide a reliable water source or other means of
extinguishing the fire while the burning is occurring and
6/ a
City of Georgetown Code of Ordinances
Amendment to Chapter 8, Section 8.04.090
Page 2 of 4
6. a competent adult person must be in attendance at all times until the fire
is extinguished; and
7. The burning must be conducted in compliance and accordance with the
Texas Clean Air Act (Texas Health and Safety Code, Chapter 382) and the
rules and regulations promulgated there under by the Texas Commission
on Environmental Quality, including specifically the rules at Title 30 of
the Texas Administrative Code, Chapter 111, Subchapter B relating to
outdoor burning, as such laws and rules may be amended from time to
time; and
8. All
permits
and
burning
conducted
under
this
subsection
are subject
to
the
following
conditions
and limitations:
a. No open burning shall be conducted during burn bans, red fla
warnings, or any other state, county, or local "burn ban" or other
prohibition, an during those periods are strictly prohibited.
b. The burning of building materials, tires, shingles, household
rubbish and flammable liquids is strictly prohibited.
c. The fees referenced in Section 2.28.140 of this Code, pertaining to
"Non- residential fire operations service fees," shall be applicable if
the City of Georgetown Fire Department is required to respond to
open burning conducted under this Subsection.
d. The fines referenced in Section 2.28.170 of this Code, pertaining to
"Fines for negligent or irresponsible actions," shall be applicable to
any acts described therein in relation to open burning conducted
under this Subsection.
e. Persons conducting or allowing open burning conducted in
violation of this Subchapter or any other provision of this Code
shall be sub -ject to the penalty provisions of Section 1.08.010 of this
Code.
SECTION 3: All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that, are in conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 4: If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 5: The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter,
PASSED AND APPROVED on First Reading on the
a 2006.
PASSED AND APPROVED on Second Reading on the
2006.
ATTEST:
Sandra D. Lee
City Secretary
City Attorney
day of
a day of
THE CITY OF GEORGETOWN:
: Gary Nelon
Mayor