HomeMy WebLinkAboutORD 2005-77 - Burn OrdinanceORDINANCE i /'"'
An Ordinance Of The City Council Of The City Of Georgetown,
Texas Amending Section 8.04.080 of the Code of Ordinances
Regarding Burning Of Refuse To Allow Prescribed Burns Under
Certain Circumstances and In Accordance With State Laws And
Regulations; 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 8.04.80 regarding `Burning of refuse" as set forth
herein; and
WHEREAS, inasmuch as the City no longer has a position entitled "Fire
Marshal," the references to Fire Marshal in Section 8.04.080 are hereby changed
to "Fire Chief;" and
WHEREAS, the City Council of Georgetown, Texas has determined that
prescribed burning on large tracts of land located within the City limits can be
effective if conducted in accordance with state laws and regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. 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.
City of Georgetown Code of Ordinances 090 4045 77
Amendment to Chapter 8, Section 8.04.080
Page 1 of 3
SECTION 2: Chapter 8, Sec. 8.04.080 of the Georgetown Code of Ordinances
related to "Burning of refuse" is hereby amended to be titled "Burning of refuse
and prescribed burns for forest, range and wildland/wildlife management
purposes," to change the reference from "Fire Marshal" to "Fire Chief," and to
include new provisions to allow prescribed burns on certain tracts of land and in
accordance with state law and regulations as follows:
Sec. 8.04.080. Burning of refuse and prescribed burns for forest, range
and wildland/wildlife management purposes.
A. It is unlawful for any person to burn within the City any garbage,
trash, brush or other waste material unless such burning is performed
in an incinerator constructed for that purpose and approved by the
Fire Chief of the City. Such approval by the Fire Chief shall be given in
writing and only for the incinerator providing proper protection
against fire to surrounding property and premises and if such
incinerator is constructed and maintained in accordance with the
requirements of the Air Pollution Control District having jurisdiction.
B. Prescribed burning and prescribed burns on state or federal forest
lands, agricultural range lands, or designated wildland/wildlife
management association areas is authorized, provided that (1) the
landowner provides written notice to the Fire Chief at least fifteen (15)
days before the first day of the scheduled prescribed burn stating the
location, duration, and purpose of the burn, and (2) such burning is
conduced in compliance and accordance with the Texas Clean Air Act
(Texas Health and Safety Code, Chapter 382) and the rules and
regulations promulgated thereunder by the Texas Commission on
Environmental Quality includingspe�y 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. For the purposes of this subsection, the term "prescribed burn"
means the controlled application of fire to naturally -occurring
vegetative fuels under specified environmental conditions and
confined to a predetermined area following appropriate planning
precautionary measures, and compliance with all federal, state and
local rules. As used herein, the term "wildland/wildlife management
land" means uncultivated land other than fallow land minimally
influenced by human activity, maintained for biodiversity, wildlife
City of Georgetown Corte of Ordinances
Amendment to Chapter 8, Section 8.04.080
Page 2 of 3
forage production, protective plant cover or wildlife habitat that is
designated as a wildlife management association area by the Texas
Parks & Wildlife Department.
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
,.2005.
PASSED
1, 2005.
ATTEST:
AND APPROVED on First Reading on the day of
AND APPROVED on Second Reading on the ;UxZ day of
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
I
Patricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
City of Georgetown Corse of Ordinances &U.
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Amendment to Chapter 8, Section 8.04.080
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