Ord. 0513-04 12-11-00ORDINANCE NO. 513-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND
PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
FOR PURPOSES OF PROHIBITING TRENCH -BURNS; PROVIDING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE
TRENCH -BURNS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 10-46, Adopted, of Article III, Fire Code, of Chapter 10,
Fire Prevention and Protection, of the City of Pearland Code of Ordinances, is hereby
amended to read as follows:
"...501.1.3 Permitted bonfires and campfires, religious and/or ceremonial fires,
or other permitted fires not specified herein shall be constantly attended by a
competent person or persons until such fire is extinguished. All fires described
herein shall not be kindled or maintained within one hundred (100) feet of any
structure (unless approved by the fire official) and adequate provisions must be
made to prevent such fires from spreading. Sufficiently pressurized and charged
water supply lines or line connected to a sufficient water supply, or other sufficient
fire extinguishing equipment must be readily available for extinguishing all fires
described herein. Trench -burns, as the term is defined by the Texas Natural
Resource Conservation Commission (TNRCC), are prohibited. TNRCC rules for
outdoor burning shall apply to all permitted fires...."
Section 2. Penalty. Any person, firm or corporation who shall violate or fail to
comply with the requirements of any provisions of the Code herein adopted shall be
deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent
jurisdiction, be punished as provided in Section 1-11 of the City of Pearland Code of
Ordinances.
1
ORDINANCE NO. 513-4
Section 3. Emergency. The Council finds and determines that the need to
regulate trench -burns bears directly upon the health, safety and welfare of the citizenry,
therefore this Ordinance shall be adopted by one reading as an emergency measure, and
the rule requiring this Ordinance to be read on two (2) separate occasions is hereby
waived.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 7. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 8. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the City
of Pearland, upon passage of such Ordinance. The Ordinance shall become effective
2
ORDINANCE NO. 513-4
ten (10) days from and after its publication, or the publication of its caption and penalty, in
the official City newspaper.
PASSED and APPROVED on First and Only Reading this the 11TH day of
December, A.D., 2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY READING
DECEMBER 11, 2000)
Voting "Aye" - Councilmembers Beckman, Seeger,
Morcott, and Wilkins.
Voting "No" - None.
Motion passes 4 to 0, with Councilmember Owens absent.
PUBLICATION DATE: DECEMBER 13, 2000
EFFECTIVE DATE: DECEMBER 23, 2000
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIIT F PUBLICATION
Ord. 5 13-4
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No / Date /2=13
20 Uv
No. Date 20
No. Date 20
No Date 20
No. Date 20
President
"Subscribe and sworn to before me this 1 7 day of
?0 0
k1t11f1Crigu
Notary Public, State of Texas
{
isher
xas..
Published Dec.13,2000
j ORDINANCE NO. 513-4
IAN ORDINANCE OF THE
CITY COUNCIL OF THE'
',CITY OF PEARLAND, .,
'TEXAS, AMENDING
(CHAPTER 10, FIRE PRE -
MENTION AND PROTEC-
'TION, OF THE CITY OF
PEARLAND CODE OF
ORDINANCES, FOR PUR- i
POSES OF PROHIBITING.
TRENCH -BURNS; PRO-
VIDING A SAVINGS
,CLAUSE, A SEVERABILI
TY CLAUSE AND A;
•REPEALER CLAUSE;(
'PROVIDING A PENALTY
FOR VIOLATION; PRO -I
VIDING FOR PUBLICA-
TION, CODIFICATION]
AND AN EFFECTIVE
'DATE; AND DECLARING
AN EMERGENCY
BECAUSE THE NEED TO i
REGULATE TRENCH -
BURNS BEARS DIRECT-
LY UPON THE HEALTH,
SAFETY AND WELFARE°
OF THE CITIZENRY. 1
Section 2. Penalty. Anyt
person, firm or corporationl
who shall violate or fail toi
comply with the require-,
ments of any provisions of
'the Code herein adopted;
ishall°be deemed guilty of a
;misdemeanor, and. shall, ! -
upon conviction by a court
of competent jurisdiction, be:
;punished as provided ini
'Section 1-11 of the City of
Pearland Code of I
Ordinances.
PASSED and APPROVED
,on First and Only Reading,.
;this the . 11th -day o�
December, A.D., 2000.
is/Tom Reid'
Maygr_
ATTEST:
/s/ Young Lbrfing
City Secretary
APPROVED AS TO FORM:
:
'/s/ Darrin M. Coker
;City Attorney
VOTING RECORD (FIRST
AND ONLY READING
DECEMBER 11, 2000)
Voting "Aye" - Council;
members Beckman;.
Seeger, Marcott, and__
Wilkins: 1 .
Voting "No" - None.
Motion passes 4 to 0, witht
Councilmember Owens
absent.
Publication Date: Publication December,
13, 2000
Effective Date: December
. '23, 2000
Published as required by;
t Section 3.10 of the Charter
of the City of Pearlandl
oxas