0545 ORDINANCE NO. $45
AN ORDINANCE PROVIDING FOR REGULATION AND CONTROL OF
OUTDOOR BURNING IN THE CITY OF SOUTHLAKE, TEXAS;
REQUIRING THAT A PERMIT BE ISSUED PRIOR TO OUTDOOR
BURNING; REGULATING COMBUSTIBLE MATERIALS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, 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, a healthy and safe environment is a high priority for
the citizens of Southlake, Texas; and
WHEREAS, the City Council of the City of Southlake recognizes
the need for fire prevention and control of fire hazards in the
City of Southlake;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
No person may cause, suffer, allow, maintain,
outdoor burning within the City of Southlake
or permit any
without first
City of
The City
issuance
if the
obtaining a permit from the chief fire official of the
Southlake or his designee prior to the outdoor burning.
Council may by ordinance or resolution set a fee for the
of this permit. Such fee may include additional charges
burning requires supervision by Southlake Fire Services.
SECTION 2
Prior to issuing a permit, the chief fire official or his
designee shall determine that the burning will be conducted in a
sLake\burning.ord( 103191 )
safe manner. The chief fire official or his designee may determine
that the burning cannot be conducted safely, and decline to issue
a permit. The chief fire official or his designee may require that
in order to promote safe burning, restrictions be placed upon the
burning and conditions be met prior to the issuance of the burning
permit, and/or may require that the burning be supervised by~
Southlake Fire Services.
SECTION 3
No person may cause, suffer, allow, maintain, or permit any
outdoor burning unless the burning is in complete compliance with
any restrictions or conditions placed upon the permit issued by the
City of Southlake.
SECTION 4
permit to conduct burning under this
nor excuse any person responsible from
The issuance of a
ordinance does not exempt
consequences, damages, or injuries resulting from the burning.
SECTION 5
No person shall kindle a fire upon the land of another without
permission of the owner thereof or his agent.
SECTION 6
Accumulation of waste paper, hay, grass, straw, weeds, litter,
or combustible or flammable waste or rubbish of any kind shall not
be permitted to remain upon any roof or in any court, yard, vacant
lot, or open space. Ail weeds, grass, vines, or other growth, when
same endangers property, or is liable to be fired, shall be cut
down and removed by the owner or occupant of the property.
slake\burning.ord( 103191 ) -2-
This
ordinances
provisions
provisions
provisions
that
SECTION 7
ordinance shall be cumulative of all provisions of
of the city of Southlake, Texas, except where the
of this ordinance are in direct conflict with the
of such ordinances, in which event the conflicting
of such ordinances are hereby repealed.
SECTION 8
It is hereby declared to be the intention of the City Council
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 phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 9
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 Two Thousand Dollars ($2,000.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate
offense.
SECTION 10
Ail rights and remedies of the city of Southlake are expressly
saved as to any and all violations of the provisions of any
$ ~ ake\burning .ord( 103191 )
ordinances affecting the regulation of outdoor burning 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 11
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally
publish this ordinance in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 12
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
PASSED AND APPROVED
~(~ ,1991.
ON FIRST READING ON THIS ~/J/'~ DAY
ATTEST: ·
OF
-4-
PASSED AND APPROVED ON
,,'~. ,,. '~ ~ L 4 ,.'.",,
~ ~. .......... ~< %
~'~...' & '. ~
% .......... ,...-
SECOND READING ON THIS
ATteST:
C~Y SECRETARY
DAY OF
APPROVED AS TO FORM AND LEGALITY:
s l ake\burning, ord(103191) -5-
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
— T STATE OF TEXAS
4nty of Tarrant
Before me , a Notary Public in and for said County and State, this day
personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
Star—Telegram, published by the Star—Telegram Inc . at Fort Worth , in Tarrant
County , Texas ; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
NOV 08 6782842 CL . 358 1X55 L 55 . 38 20 . 90
Nov 8
ORDINANCE NO.545
AN ORDINANCE PRO-
VIDING FOR REGULA-
TION AND CONTROL ... .. .._.__.__.....___,_._-. _.
OF OUTDOOR BURN-
ING IN THE CITY OF
SOUTHLAKE, TEXAS;
REQUIRING THAT A
PRIOR TO OUTDOOR
BURNING REGULAT-
ING COMBUSTIBLE
MATERIALS,PROVID-
ING THAT THIS ORDI-
NANCE SHALL BE CU-
MULATIVE OF ALL
ORDINANCES• PRO-
VIDINGASEVERABIL- _.._.__,_ __.,....__._.......
ITY CLAUSE,.PROVID-
ING FORA ENALTY
FOR VIOLATIONS
HEREOF,PROVIDING SIGNED J--�-4
A SAVINGS CLAUSE; D�
PROVIDING FOR PUB-
SWORN TO BEFORE ME , THIS THE — ..-_. 12TH AY OF NO LICATION IN THE OF- NOTARY PUBLIC
, R, 1991
FILIAL NEWSPAPER,
AND PROVIDING AP
EFFECTIVE DATE. -, _._,.
SECTIONS . 4.q.•''� .vo.e., TARRANT COUNT , TEXAS
Any person,firm or corm- $
ration who violates,disobeys, Of.P4 ,,.,,,,__,_....
omits, with
ho r or refuses to. - ..... ........... ....,...._ .,.. 71.. a �,� KA111RI19 J. SPENCER ,"__._..
enforewith of envoi
the
visenfions shall i �t H�COMMISSION EXPIft & o
be
of this ordinance /N i N
be fined not more than Two
--H�f�f�f��t���fe Mtn .__.
Thousand Dollars(32,000.00) .� TVs;.di':: ? Jf91�UliR 1 GO,=1�,,5 p
for each offense. Each day 'h:,oF _
that a violation Is permitted to
exist shall constitute a sepa-
rateoffense. ...w..., .._._-....-_.--..__-._..._,_......._,.._.....,,_..............._...,......_......_....._................,._.._..._.__. ,...__..-_. ....._...__-_.........__._...
PASSED AND
SONEADIGHI
THE DAY OF NOVEM•
__an,Fc
to or of Southlake PEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -A
ATTEST
Sandra L.LeGrand,
City Secretary
Approved as to form
E.Allen Taylor Jr.,City Attorney REMIT TO : 400 W . SEVENTH, FW , TX 76102
---y— Y �Y yy� y
brt F.E11T TO.
6782842 ACCOUNT CIT57 AMOUNT 20. 90
., NUMBER DUE
y
�����r PAGE , F
.•aliiRis>Iw--i7 4
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE PLEASE PAY 20. 90
SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDY
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram ***INVOICE/AFFID7 IT***INVOI j , '
400 W SEVENTH STREET•FORT WORTH,TEXAS 76102 /� 4
4:4.41j
OCT 21 1991 . -
THE STATE OF TEXAS OFFICE OF
Inty of Tarrant CITY SECRETAR
Before me , a Notary Public in and for said County and State , this day
personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
OCT 18 6772713 CL . 358 1X60 L 60 . 38 22 . 80
NOTICE OF Oct 18
PUBLIC HEARING
NOTICE isherebyglven to all
Interestedpersons thattheCl-
ty Council of the City of South-
lake Texas,will be holding,a
Ruubb(iC hearing during the ...,..__,
tto be
ulahe tlt on Novemberin5,
1991,at 7:00 p.m.,Southlake
City Hall 667 North Carroll _...„_.___._,_,____-.....___._____
....
Avenue, uthlake,Texas.
Purpose of the hearing Is to
consider the second readingof
thefollowing ordinance: ......_...._..___..._. .-...... _._..._.._.__._____..._._.__...._........_..__._.______...-.......__.._..__-_,..
ORDINANCE NO.545
AN ORDINANCE PRO- /
VIDING FOR REGULA-
TION AND CONTROL OF
OUTDOOR BURNING IN
THE CITY OF SOUTH- 41l1017
LAKE TEXAS•REGUIR- SIGNE I
ING THAT A PERMIT BE
ISSUED PRIOR TO OUT-
BURNING REGU- AND SWORN TO BEFORE ME , THIS 'THE ... 18TH DAY O F OCTOB R, 1991 -__.______-____.
G COMBUSTIBLE NOTARY P U
L SHALL
PBE CU- \ �\
HAT THIS OROI- r \\
E SHALL BE CU- _ 11 i�� J
MULATIVE OF ALL
ORDINANCES-PROVID-
ING A SEVEOVIDINY TARRANT COUNTY , TEXAS
CLAUSE. PROVIDING ,,.:,t . _ �.,._._..__.-
FOR A PENALTY FOR v�j��-�.,-~' �• d
VIOLATIONS HEREOF• _, u `��N�YS� 1. SPENU�� i+
PROVIDING A SAVING 'o'�'� "h
CLAUSE,. PROVIDIN r Y e o�
FOR PUBLICATION IN -----.-----------___...._________.__._-_____.___ .-:�_ ,._ �--_
THEOFFICIALNEWSPA- ' N�MOY�j�Ii-� r � ��-�W�
PER• AND PROVIDING iZ:' t•-f "i C "''� O ��� �;
AN EFFECTIVE DATE. s'%:`�% 1ANUAR`I 20'
sr
SECTION11 ...-.•_._.....,.._..______..._..,...__.._,._.,.._w_._._._.__..,._..___ 1
Any person,firm or corps- '1\s4�o�,,A _,�
)miss who violates,disobeys, r,��•.�,iio
m
:mils neglects,or refuses to /►/ -
-ofo lywlthofanyofsiststhe �
anforcementofanyofthepro-
-visions of this ordinance shall -
ae fined
in d not Dollars(tha000 W1 I' TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT '�►
^h offense. Each day
ioiation ispermittedto
call constitute a seoa-
fSouf REMIT TO : 400 W . SEVENTH , FW , TX 76102
Cif),of Southlake
Sandra L.LeGrande
`'tort worth SFEN TO: �► Y�Fyy yyS CYy OV/F0d4iy`14"YYyyAS 76197
6772713 ACCOUNT CIT57 AMOUNT 22 . 80
NUMBER DUE
PAGE 1OF 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY bh. 22. 80
SOUTHLAKE TX 76092 0 THISAMOUNT
ATTN : SANDY LEGRANDE
PLEASE WRITE IN AMOUNT ENCLOSED