ORDINANCE NO.    170

 

            AN ORDINANCE OF THE TOWN OF ST. PAUL, TEXAS, DECLARING A FIRE EMERGENCY AND IMPOSING A BURN BAN AND PROHIBITING OUTDOOR BURNING FOR A PERIOD COMMENSURATE WITH THAT OF THE COUNTY COMMISSIONERS COURT OF COLLIN COUNTY; PROVIDING EXCEPTIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, there exist severe drought conditions that present a clear and present danger of large wildfires within the limits of the Town of St. Paul, Texas;

 

            WHEREAS, the County Commissioners Court of Collin County has imposed a burn ban prohibiting most categories of outdoor fires, which is effective in the unincorporated areas of Collin County;

 

            WHEREAS, the Town Council of the Town of St. Paul, Texas, in order to preserve and protect the public health, safety and welfare, deems it necessary and appropriate to impose a burn ban for a duration commensurate with the duration of Collin County’s ban. Now, Therefore,

 

            BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ST. PAUL, TEXAS:

 

            SECTION 1.   That during the period of any burn ban declared by Town Council Resolution in the Town, outdoor burning or fires shall be authorized only when used solely for firefighter training, for non-commercial preparation of food if enclosed within a chamber or firebox, and road flares associated with safety uses.

            SECTION 2.   When outdoor burning is authorized herein, the Town or any other appropriate law enforcement or public safety authority may inspect the outdoor fire and may prohibit or order its termination when the fire may present an immediate hazard.  It shall be an offense punishable as provided for hereinafter for any person to fail or refuse to comply with a lawful order to cease or extinguish any fire whether or not permitted herein.

            SECTION 3.   The authority to conduct outdoor burning under these provisions does not exempt or excuse the person responsible from the consequences, damages, or injuries which may in any way result from the burning and does not exempt or excuse any person from complying with all other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction even though the fire is otherwise conducted in compliance with such regulation.  The Town does not accept responsibility and shall not be liable for any conduct or the results of such outdoor burning activities even if conducted in compliance with this ordinance.

            SECTION 4.   That all ordinances of the Town of St. Paul, Texas, in conflict with the provisions of this ordinance are hereby repealed for so long as a burn ban declared under the provisions of this ordinance remains in effect, and any ordinances not so in conflict shall remain in full force and effect.

            SECTION 5.   That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, unenforceable or invalid, the same shall not affect the validity of this ordinance as a whole or any part hereof other than the part so decided to be unconstitutional, unenforceable or invalid, and the same shall not affect the validity of the Town’s ordinances as a whole.

            SECTION 6.   That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall upon conviction be fined a sum not to exceed two thousand dollars ($2,000.00).

            SECTION 7.   This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides.  That the Council hereby determines that a fire emergency currently exists in the Town and a burn ban in the Town of St. Paul is declared as of the effective date hereof, and shall expire immediately upon the revocation or expiration of the current burn ban imposed by Collin County, unless earlier repealed.

            DULY PASSED by the Town Council of the Town of St. Paul, Texas, on the   10th    day of             July        , 2006.

 

APPROVED:

 

 

____signed_____________________

 Mayor

 

 

ATTEST:

 

 

_____ signed ____________________

Town Secretary

 

APPROVED AS TO FORM:

 

 

___________________________________

Town Attorney                                     (67489)