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Home My Public Portal AboutOrdinance No. 1411-20 06-22-2020 ORDINANCE NO. 1411-20 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES BY ADDING ARTICLE VII OUTDOOR BURNING, PROHIBITING OUTDOOR BURNING IN THE CITY, AND PROVIDING CERTAIN EXCEPTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, WHEREAS, the City of Richland Hills 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, Tarrant County is considered a non-attainment area by the United States EPA,meaning the counties do not meet the EPA standards for certain categories of air quality;and WHEREAS,the Texas Commission on Environmental Quality (TCEQ)discourages open burning in non-attainment areas; and WHEREAS, the burning of combustible material outdoors, together with the smoke and damage to property, are a threat to the health of the community, create hazards, and otherwise impair the quality of life in the community; and WHEREAS, the City is authorized and empowered to enact and enforce ordinances for the control and abatement of air pollution pursuant to Chapter 51 of the Texas Local Government Code and Chapter 382 of the Texas Health and Safety Code; and WHEREAS, the City Council has determined that it is necessary to enact this ordinance to protect the health, safety and welfare of its residents. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. That Article VII "Outdoor Burning" is hereby added to Chapter 38 "Fire Protection and Prevention" of the Richland Hills Code to read as follows: ARTICLE VII OUTDOOR BURNING Sec. 38-122 Definitions. The following words, when used in this article, shall have the following meanings: Garbage means putrescible animal and vegetable waste materials and/or residue from the handling, preparation, cooking or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. Trash means all items of a nature not customarily maintained, stored or located in areas such as the one at issue, including garbage, refuse, and rubbish, and including all items of personal property including but not limited to the following:mounds of dirt,piles of leaves,grass and weed clippings, paper trash, rubble, furniture other than furniture designed for and arranged for outside use, household items and appliances, items of salvage, such as scrap metal and wood, barrels, automotive parts, parts of vehicles, inoperable or dilapidated lawn mowers and other lawn, yard or household machinery, wheels or tires, objects that hold water for an extended time, tree and brush trimmings and other miscellaneous wastes or rejected matter; and all manner of building materials which have been stacked, placed, located, accumulated, or stored other than in an enclosed building or structure for more than 30 days and which are not being actively utilized or consumed as part of a permitted construction project located on the property on which the building materials are located including but not limited to the following: (a) lumber, (b) nails, (c) nuts, (d) bolts, (e) screws, (f)plastic moldings,(g)siding, (h) insulation,(i)dry wall, (j)glass, (k)doors, (1) hinges, (m) bricks, (n) bags of mortar, (o) sand, or (p) concrete mix, and (q) other materials or components which are customarily utilized in construction or repair of any structure. Rubbish means non-putrescible solid waste, excluding ashes, that consists of combustible waste materials including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves and similar materials; or noncombustible waste materials including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator temperatures (1,600 to 1,800 degrees Fahrenheit). Sec. 38-123 Outdoor burning prohibited. It shall be unlawful for any person to burn any flammable or combustible materials, garbage, brush,timber,vegetation,trash or rubbish,in or upon any street or alley,or upon any lot or property within the corporate limits of the City.Such prohibited burning includes bonfires not in compliance with this Article. Sec. 38-124 Exceptions. (a) The following types of outdoor burning are allowed without the necessity of a permit from the City: (1) Outdoor burning for the purpose of outdoor cooking in a device designed and constructed for such a purpose. (2) Outdoor burning conducted in an approved container as defined in the Fire Code adopted by the City, such as a fire pit,provided that all such burning occurs 15 feet or more away from any structure and the flame is covered with a mesh top or metal grate that minimizes the escape of embers. (b) The following types of outdoor burning are allowed upon issuance of a permit from the City: (1) Outdoor burning is not unlawful where such burning is expressly permitted by and done in accordance with the regulations of the local air pollution control agency, currently the Texas Commission on Environmental Quality (TCEQ), and approval from TCEQ and the date(s) of such burning are provided in advance to the Fire Chief. This includes, but is not limited to, trench burning, hydrocarbon burning, and outdoor burning for training firefighting personnel. (2) Recreational or ceremonial outdoor burning is not unlawful where such burning is approved in advance by the Fire Chief. (3) An outdoor burning permit required under this Section shall be subject to all of the following: (A) An application for such outdoor burning shall be submitted to the City for approval by the Fire Chief. (B) The applicant shall pay a permit fee of$25.00; non-profit organizations are exempt from the permit fee, but not the permit requirements. (C) The maximum recreational/ceremonial burn area shall not exceed 3 foot in diameter by 2 feet in height. (D) The applicant shall comply with all other safety requirements set forth in the permit approved by the Fire Chief. Sec. 38-125 Burning of junked or wrecked vehicles prohibited. It shall be unlawful, under any circumstances to burn any junked cars or wrecked automobiles, or any parts thereof, for wrecking or salvage purposes, or for any other reason, in or upon any premises within the City public or private; or the burning of any other substance which shall be particularly offensive by reason of smoke or odor, which may endanger the health and safety of the public. Sec. 38-126 Penalty. Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provision found in Section 1-14 of this code. Each day that a violation is permitted to exist shall constitute a separate offense. Secs. 38-127—38-140 -Reserved. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code,in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person,firm,or corporation who violates,disobeys,omits,neglects,or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. SECTION 5. That all rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the City's outdoor burning regulations which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary is directed to publish in the official newspaper of the City, the caption, penalty clause, savings clause, publication clause and effective date clause of this ordinance one time as authorized by Chapter 5, Section 5.02(c) of the Charter of the City of Richland Hills. SECTION 7. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 22ND DAY OF JUNE, 2020. /7 T E HONORABLE MAY ARD LOPEZ ATTEST: \\\\��\\\Illllllllfl/��/// _C__f_ it G\k1.AND y'''',,,, CATHY BOU , CITY SE TARY �•' �* ••• % APPROVED AS TO FORM AND LEGALITY: =c�. It4• I,d 17 � ;a CITY ATTO Y 00Not/11111110"o' Star-Te1egijgi Arlington Citizen-Journal The Keller Citizen La Estrella Ingle I I Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-ttiegram.corn 1606 Throckmorton St.I Ft Worth,Tx.T6102.6315 AFFIDAVIT OF PUBLICATION Account* Ad Number Identification II PO Amount Cols . Depth 600656 0004681628 CITY OF RICHLAND HILLS ORDINANCE NO.1 I $131.16 1 83.00 Li Attention: THE STATE OF TEXAS CITY OF RICHLAND HILLS County of Tarrant RICHLAND 3200 DIANA DR . FORT WORTH, TX 761186237 �,' ' • _ Before me,a Notary Public in and for said County and State,this day THE C 3 ,.., : .a 1tDDI!E ll!!A „ , " , personally appeared VICTORIA CITY of RICHLAND POLLS BURNING, PROHNUTING RODELA, Bid and Legal Coordinator ORDINANCE N0.141120 DOOR BURNING IN THE art AN ORDINANCE OF THE CITY OF AND PROVEIIM6 CERTABI EX- for the Star-Telegram, published by AH i AMENDING G CHAPTER 31OF ItIs SHHANL 111 the Star-Telegram, Inc. at Fort Worth, THE CODE OF ORDINANCES BY CUMULATIVE OF ALL OROt- ADDING ARTICLE VN OUTDOOR NANCES- PROVIDING A in Tarrant County,Texas;and who, BURNING, PROHIBITING OUT- SEVERAkIJTY CrArnc• p DOOR BURNING IN THE CITY, yip ApENALn� after being duly sworn,did depose VIOLA- AND PROVIDING CERTAIN Elf- TWNS THEREOF*PROVIDING A and saythat the attached dipping of CEPTIONS• PROVIDING THAT PP 9 nggumpis THIS ORDINANCE SHALL BE FOR PUS IC IION Ina CUMULATIVE OF ALL ORDI- FOR L tiEWATIOtrf•M TIE OF- an advertisement was published in NAIeCFS; PROVIDING A V NG AN IM•AND the above named paper on the listed SEVERABRITY CLAUSE, PRO- VIDING A PENALTY FOR VIOLA- NOW,T RE IT tom- dates: TONS THEREOF;PROVIDING A DARED BY THE CITY COUNCIL SAVINGS CLAUSE; PROVIDING OF THE CITY OF RICItAIM FOR PUBLICATION IN THE OF- NULL9%TEXAS; FICIAL NEWSPAPER'AND PRO- PENALTY - Any person, firm ar VIDING AN EFFECTIVE DATE. corporation who violates, dine- NOW, THEREFORE, BE IT OR- bees.omits,neglects or refuses DOMED BY THE CITY COUNCIL to comply with or who resists 1 Insertion(s) OF THE CITY OF RICHLAND the enforcement of any of Ike HILLS,TEXAS; amnions of shall PENALTY - Any person firm or be facia i INN the Published On: corporation who violates, disc- •-� found bees,omits,neglects or refuses ,,m _ tide_ June 26,2020 to comely with or who resists viehllNaar the enforcement of any of the rented Iii watt shall pbre�p iflood islons of this article shalt gene al.penalty provision founnas with d tes, &oi e in Section 1-14 of this code. Each day that a violation is Per- who resists the or mitbed to exist shall constitutes of thisrht of a separate offense.Any person, any of the provisions of a- firm, or corporation who viola- dinance shall be fined not more tes, disobeys, neglects, than Five Hundred Dollars or refuses to comply with or ($500.0o)for each offense. who resists the enforcement of That all rights and remedies of the any of the provisions of this or- ' City of Richland Hills are ex- dinance shall be fined not more Pressly saved as to any and all than Five Hundred Dollars violations of the provisions of ($500.06)for each offense. the City's outdoor burning reps That all rights and remedies a the l- the eons of which have accruedvdt at pares of s�y sRav�edlaa�s to sew mde�l this Ordinance; the effective date d veriastIes v[s_ans n Ce;and,d to s Qom/ pr aaaeet Wolatiorts and an peed- the City's outdoor burning raga- litigation, both civil and talons which have accrued at , whether pending in (Principal Clerk) the time of the effective date of court or not, under such Ord this Ordnance;and,as to such nances, same shall not be af- accrued violations and all pond- SUBSCRIBED AND SWORN TO in litigationboth civil and by this Ordinance but cr+ninat, whether pending in �may be Prosecuted unto final BEFORE ME,THIS 26th day of court or sot, under such OM ddiiss�poossht1e1 courts.Se June' year of 2020 mantes, same shall not be af- Pt><sLICATION-The-City Seiza�tary fected by this Ortnnance but is hereby directed to publish in maybe prosecuted until final the official newspaper of the d�iis�ppoosition by the courts. Cite the caption,penalty clause, PUBLICATION-The City Secretary publication clause,and effective is hereby directed to publish in date clause of this ordnance as the official newspaper of the required by law. City the caption,penalty clause, EFFECTIVE DATE-The City Sec e- publicetion clause,and effective tary is directed to publish in the date clause of this ordinance as official newspaper of the City Not lit- rewuired by law. the caption,penalty tlaiuse,clause- kIic-_ EFFECTIVE DATE-The City Scare- hies clani �—----"— +-- taarryy Is direr ted to publish in the and effective date clause of this 'r, r r:TAR t official newspaper of the City, ordinance one time as author- i e the caption,penalty clause,say- Ized by Chapter 5, Section i '- t1 r legs clause, publication clause 5.02(c of the Charter of the i , n r and effective date clause of this t ` ordinance a as author- Passed oval this 22nd der h l s 1 5 ed d(c)of Chapterhe Charter or the i- I sward Lam City Seaola• Extra charge for lost or duplicate affidavits. City of Richland Hills. Passed end approved this 22nd day Atte reLegal document please do not destroy! of June 2020