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98-058 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING SECTION 12-87 OF SAID CODEORDINANCE NO. 98-058 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTION 12-87 OF SAID CODE; REGULATING BURNING WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1,1998. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Section 12-87 of the C'ode of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Sec.12-87. Same-Amendments. "The code adopted by section 12-86 is hereby amended as set out in this section: « "Section 4004.1, Outside Fires and Permits for Same, is added to read as follows: "(a) It shall be unlawful for any person to burn trash, grass, leaves, paper, cloth, boards, planks, lumber, or any other character of debris or inflammable material whatsoever, except brush and trees, out-of-doors in the City. "(b) It shall be unlawful for any person to burn brush or trees out-of-doors in the City unless such person has procured through the fire chief or his designee a permit permitting such burning. "(c) Agricultural Burning Permits shall be issued by the fire chief or his designee for property that is a minimum of ten (10) acres in size and is zoned agricultural. Burning for agricultural purposes may be conducted at any time during the term of the permit by the person so issued the permit. An Agricultural Burning Permit will be valid for one full year and there shall be no fee charged for its issuance. "(d) Outside Burning Permits shall be issued by the fire chief or his designee for burning brush and trees. An Outside Burning Permit will be valid for the duration of one burn. "(e) If a permit is issued, it will be subject to the requirements contained therein, and all costs in meeting such requirements shall be borne by the person requesting the permit. The requirements shall be borne by the person requesting the permit. The requirements may include, but are not limited to, fire lanes, civilian or fireman sentry watches, burn pits, extinguishing agents, the laying of fire hose, or the presence of other firefighting equipment. Any requirement for firefighting equipment or personnel of the City will be charged to and paid for by the permittee. The fire chief or his designee shall consider humidity, permissible wind conditions, susceptibility of vegetation to combustion, the proximity of residences and other structures, composition of material to be burned, smoke, heat, and duration of burn. "(f) Outside burning shall not be permitted within five hundred (500) feet from a structure or building of any kind or nature whatsoever. "(g) All burniilg permits shall be issued in accordaiice with applicable Texas Natural Resource Conservation Commission regulations." Section 2. Any person violating any of the provisions of this ordinance sllall be guilty of a Misdemeanor and, upoil conviction, shall be tined in aiiy sum not to exceed $2,000.00, and each and every day's conti»uance of any violation of the above enumerated section shall constitute and be deemed a separate offense. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall becoine effective oii November l, 1998. PASSED AND ADOPTED this 12th day of October, 1998. ~ Charles H. Neeley, Ma ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Scott P. Foster, City Attorney